General Theme Park Accident Information

A Guide to basic aspects of Amusement Park Accidents, including Causes of Amusement Park Accidents, Liability in cases of Amusement Park Accidents, theme park ride categorization, and aspect of Theme Park Accident Litigation.

Causes of Amusement Park Accidents · Liability in Amusement Park Accidents · The Roller Coaster Loophole · Amusement Park Ride Categories · Theme Park Ride Disclaimers

Causes of Amusement Park Accidents

There is no uniform law governing or regulatory government agency that oversees the safety of amusement parks and thrill rides. This is problematic, as the theme parks, while statistically safe, cause hundreds of injuries every year, and rides can cause severe injury if proper precaution is not taken. Fortunately, some states do stictly moniter theme parks, provide clear thrill ride saety procedures, and mandate the reporting of amusement park accidents and injuries. However, this is not the case in all states. The problem with not mandating reporting, is that if you are injured at an amusement park, it becomes more difficult to recognize if the dangerous ride has caused injury to other people, and if the management has demonstrated a pattern of negligence.

This much is known about amusement park accidents, for the data that is reported. Thousands are injured in amusement park accidents every year, and fatal accidents occur annually, though they are not common. The most common causes of reported amusement park accidents, as studied by the Consumer Product Safety Commission, were:

Mechanical Failure: This includes structural failure, broken safety pins, missing safety pins, cracked or broken welds and the weakening of structural parts, like sheared or fraying wires, broken and malfunctioning lap bars and seat belt restraints. These causes may be grounds for an amusement park accident lawsuit against the manufacturer of the ride or against the company that manages the park and failed to properly maintain the equipment. Human Error: This includes slamming brakes, abrupt stops, improperly repair, maintenance or assembly, accidents due to inadequate park attendent training, or general negligence on the park of the amusement park staff. These all may be grounds for a lawsuit against the theme park. Improper behavior by park attendees: These include riders who recklessly, intentionally and willfully rock and shake rail cars, stand during rides, break safety devices, sit in such a way as to defeat the safety restraints, carry children outside the restraint systems, etc. If your own negligence causes an accident at an amusement park, then you do not have grounds for filing a lawsuit against the park.

Liability in Amusement Park Accidents

If you visit an amusement park and are injured in an amusement park accident, you may be entitled to compensation from the park owner for damages. As with all personal injury lawsuits, the size of compensation depends on the seriousness of the injury, as well as on the existence of states rules that may lessen or expand the amount, based on your own culpibility in the accident.

There are four possible bases for determining amusement park accident liability:

Negligence: Causes of negligence include that the ride was not in a safe condition, that it was inadequately or improperly maintained or inspected. Another cause of negligence is if a park employee gives the visitor improper instructions, fails to provide proper warnings, or operates the ride in such a way that the visitor was hurt. Because employers are responsible for the actions of their employees, injured amusement park visitors can sue the park owner if an employee fails to use reasonable care.

    Furthermore, many states have laws requiring amusement parks to take follow strict safety precautions. Consequently, if a park does not do so, there is a legal presumption that the park was operated negligently, making it easier to prove a claim against the park. However, in some states, parks are not liable unless the injured visitor can explicitly prove that they acted negligently.
    Product liability: The cause of a product liability lawsuit against an amusement park (or rather, against the manufacturer of a thrill ride) could be if the ride was so inherently dangerous that proper maintenance, inspection and use could not have prevented injury for occurring. In a product liability lawsuit, an injured person may sue both the manufacturer and the park. However, in order to win, the injured person must prove that the manufacturer could have used an alternative design that would have prevented the injury. This can be both difficult and expensive to do. Secondly, the injured person must prove that the park owner failed to use reasonable care when deciding to have the ride at all.
    Premises liability: Because Amusement Park Owners must exercise reasonable care in the construction, management, and maintenance of all grounds and facilities, if they fail to do so, they may be liable for injuries suffered by visitors invited onto the property for business purposes
    Wrongful death: If the careless, reckless or negligent act of the amusement park owner or the staff of the park cause the death of a park visitor, a wrongful death lawsuit can be filed.

The Roller Coaster Loophole

The so-called "Roller Coaster Loophole" is an important amendment to the law, which affects the safety of amusement park rides. In 1981, text was added to The Consumer Product Safety Act that prevents federal safety experts from investigating roller coaster accidents. A fixed-site amusement ride refers to rides that are permanently attached to the ground. These are not subject to federal oversight, which thrill rides in carnivals and other mobile attractions are subject to federal regulations. This "Roller Coaster Loophole" is because the regulation and inspection of “fixed site” amusement rides is left up to the state or municipality. Consequently, while some states and municipalities provide very strict oversight in order to ensure safety, some provide little to none. Most places provide some type of regulation (i.e., licensing, inspection, insurance requirements), but obviously, the "Roller Coaster Loophole" can seem problematic, especially if you have been injured on a fixed site ride that was not properly inspected or maintained.

Amusement Park Ride Categories

There are two categories of amusement rides, and the distinction is important. Thrill rides are categorized by the government as either mobile or fixed site. Mobile rides are rides that are moved from location to location as part of fairs, carnivals, etc. Fixed site rides are found in amusement parks, theme parks, or otherwise fixed locations. Federal law governs mobile thrill rides, and accidents are investigated by federal inspectors. Fixed Site Rides at Amusement Parks are not monitored by Federal Law, but are left up to the states, and consequently, the degree of oversight can differ considerably from one state to the next.

The government does not collect national accident or defect data on fixed sites, but the Consumer Product Safety Commission (CPSC) does collect and publish injury and fatality reports for both fixed and mobile sites.

Theme Park Ride Disclaimers

If you or your child signed a disclaimer waiving your right to sue before entering an amusement park and were subsequently injured on a ride, the disclaimer may not actually disqualify you from bringing a lawsuit against the park. Most courts do not give much strength to these disclaimers for reasons including:

Very few people actually read the disclaimers, so it would not make sense to hold them to an agreement that they did not factor in to their decision to enter the park. Disclaimers are written so that the park is never liable. This is not legally acceptable, particularly in cases where the park has been negligent. They cannot escape from negligence with a disclaimer, in most cases. Many releases are written somewhat generally, which does not hold up legally, as many states, require very specific language and very specific notice requirementsin order to adequately waive liability. Finally, it is questionable whether minors can actually waive their rights to sue, and minors are often the ones who are injured at parks.

Consequently, do not let the fact that there was a printed waiver on the ticket, a sign, or even a signed release, stop you from seeking an attorney if you have been injured in an amusement park accident.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags: Amusement Park Accidents · Legal Help · Recreational Accidents