Capehart & Scatchard, P.A.

All Capehart Scatchard litigation defense attorneys who focus on amusement park and entertainment liability are committed to the protection of the owners and manufacturers we represent. We accomplish this by being the best at what we do and by staying abreast of the latest developments in this changing practice area. Our goal is to prevent or minimize unnecessary litigation by seeking efficient and effective resolutions of our assigned cases while maintaining the highest professional standards in the defense of our amusement park and entertainment clients and their insurers. We are well aware of the importance of liability waivers and the issues related to their enforceability. Our attorneys know the development of appropriate case facts in the early stages of a case often makes the difference in whether a waiver is enforceable.

Among the clients we have represented are:

• Amusement Park Owners/Operators
• Ride and Amusement Designers and Manufacturers
• Outdoor Amusement Rental Companies
• Water Park Operators
• Outdoor and Indoor Sporting Event Promoters
• Rock Festival Operators
• Security Companies
• Race Track Owners/Operators

Our Results

Here are just a few of the actual cases which we have handled and the results we have achieved for our clients.

• 44 year old psychologist suffered catastrophic cervical spinal cord injuries while riding a FlowRider simulated wave machine at insured’s indoor waterpark in Berlin, N.J. Plaintiff had signed liability waiver forms for himself and his 2 minor children who witnessed his accident. Motion for summary judgment on enforceability of waiver granted and affirmed on appeal. Case settled after Plaintiff appealed to NJ Supreme Court.
• Motocross rider who signed a liability waiver injured while racing on dirt motocross track in Columbus, N.J. Case settled for 4 figure settlement while Motion for Summary Judgment was pending.
• Extreme sport participant signed waiver before being injured during annual MudMan X sport race hosted at a motor sports speedway in New Egypt, N.J. Motion for summary judgment filed on behalf of race promoter and speedway owner granted.
• Minor plaintiff injured while using insured’s inflatable amusement at a birthday party in Wall, N.J. Liability waiver signed by homeowner who rented inflatable amusement upheld by Court in joining homeowner to case as defendant and for indemnity of the insured for accident.
• Enforceability of liability waiver upheld by summary judgment in favor of operator of indoor soccer sports facility in Camden County, N.J. in case involving collision between two (2) soccer players.