Are Amusement Park Regulations Enough? State Oversight and Accident Prevention

Millions of people visit amusement parks each year, seeking thrills and creating lasting memories. However, lurking beneath the surface of fun and excitement is the potential for serious accidents and injuries. In 2016, approximately 30,000 injuries were reported in the United States due to amusement park rides and attractions. This raises a critical question: Are amusement park regulations enough to ensure visitor safety? The answer is complex, involving a patchwork of state oversight, industry self-regulation, and the ongoing need for improvement.

The Labyrinth of Amusement Park Regulations

The regulatory landscape for amusement parks in the U.S. is surprisingly fragmented. Unlike many other industries, there is no federal agency with comprehensive authority over fixed-site amusement parks (think Disney World, Six Flags, etc.). The U.S. Consumer Product Safety Commission (CPSC) has the authority to investigate accidents and work with manufacturers to correct defects or hazards, but only for mobile rides and devices (carnivals and fairs). This division of oversight is due to the “roller coaster loophole” of the Consumer Products Safety Commission Act of 1981, which exempted fixed-site rides from CPSC jurisdiction.

This leaves the responsibility for regulating fixed-site amusement parks to state and local governments. While the International Association of Amusement Parks and Attractions (IAAPA) reports that 44 states regulate amusement rides, the extent and effectiveness of these regulations vary widely.

According to Safety Park USA, an insurance and risk management company for the amusement industry, only 20 states demonstrate “comprehensive government oversight.” These states require regular inspections from a government agency and empower the state government to investigate accidents. Pennsylvania, for example, has a comprehensive oversight program where the Pennsylvania Amusement Ride Safety Advisory Board meets quarterly to review all new rides and attractions applying to operate in the state, and rides are inspected monthly by state-certified third-party inspectors at the ride owner’s expense.

However, some states have minimal or no regulations. As of 2023, states like Alabama, Mississippi, Montana, Nevada, Wyoming, and Utah have little to no state oversight of amusement park safety. In these states, the responsibility for safety falls largely on the parks themselves.

The Role of Industry Self-Regulation

In the absence of robust federal or state oversight, the amusement park industry has developed its own self-regulatory mechanisms. The primary organization involved in this effort is the International Association of Amusement Parks and Attractions (IAAPA). IAAPA works in partnership with ASTM International to develop industry-wide safety standards and promote voluntary compliance among its members.

ASTM International’s committee on amusement rides meets twice each year to update a set of voluntary performance specifications, maintenance guides, and other ride safety standards that are published in the Annual Book of ASTM Standards. Approximately 35 states reference ASTM standards in their regulations for ride safety.

IAAPA also conducts an annual safety survey which reports a strong safety record. IAAPA notes, however, that a 2003 panel led by the Brian Injury Association of America found that the risk of roller coaster-related brain injuries and fatalities is “in the rider and not the ride,” concluding that it is unlikely a federal agency could match the effectiveness of the current regulatory system.

While these self-regulatory efforts are valuable, some argue that they are insufficient. IAAPA spends approximately $600,000 a year lobbying against federal oversight, and the association continues to lobby to maintain the status quo of state and industry oversight. Without mandatory reporting requirements and independent oversight, it can be difficult to assess the true effectiveness of these measures.

Accident Statistics: A Mixed Bag

Amusement park accident statistics paint a complex picture. On one hand, the IAAPA emphasizes the industry’s strong safety record, claiming that the chance of being seriously injured on a fixed-site ride at a U.S. amusement park is 1 in 15.5 million rides taken.

However, other data sources suggest a higher incidence of injuries. The CPSC estimated in 2015 that approximately 37,000 people visited an emergency room that year after being hurt on amusement rides.

It’s important to note that these figures may not be directly comparable due to differences in data collection methods and definitions of “injury.” Nevertheless, they highlight the fact that accidents do occur, and that some visitors are seriously injured.

Common types of amusement park injuries include:

Head, neck, and back injuries
Broken bones and fractures
Soft tissue injuries
Slips, trips, and falls
Drowning (in water parks)

Factors Contributing to Accidents

Amusement park accidents can be caused by a variety of factors, including:

Mechanical failures: Malfunctioning equipment, design defects, or improper maintenance can lead to ride malfunctions and accidents.
Operator error: Inadequate training, negligence, or improper operation of rides can put riders at risk.
Rider behavior: Failure to follow safety instructions, reckless behavior, or pre-existing health conditions can contribute to accidents.
Premises liability: Slip and fall accidents, inadequate lighting, or other hazards on park grounds can cause injuries.

Enhancing Safety: A Multi-Pronged Approach

Given the complexities of amusement park regulation and the potential for accidents, what steps can be taken to enhance safety?

Strengthening State Oversight: States with weak or non-existent regulations should implement comprehensive safety programs, including mandatory inspections, accident reporting requirements, and enforcement mechanisms.
Closing the “Roller Coaster Loophole”: Congress should consider restoring federal oversight of fixed-site amusement parks to ensure consistent safety standards across the country.
Improving Data Collection: A national, centralized system for collecting and reporting amusement park accidents and injuries is needed to provide a more accurate picture of the risks involved.
Promoting Rider Responsibility: Amusement parks should clearly communicate safety rules and guidelines to visitors, and riders should take personal responsibility for following these rules.
Investing in Employee Training: Amusement parks should invest in comprehensive training programs for ride operators and other employees to ensure they are competent and knowledgeable about safety procedures.
Encouraging Technological Innovation: Amusement parks should embrace technological innovations such as advanced ride control systems and real-time monitoring to reduce the risk of accidents.
Regular Inspections and Maintenance: Regular inspections, routine maintenance, and repairs help identify and rectify any potential safety risks promptly.

What to Do if You’re Injured

Despite the best efforts of regulators and park operators, accidents can still happen. If you are injured at an amusement park, it’s important to take the following steps:

Seek medical attention immediately.
Report the incident to park management.
Gather evidence, such as photos and witness statements.
Consult with a personal injury attorney to understand your legal rights.

Depending on the circumstances of your accident, you may be entitled to compensation for medical expenses, lost income, pain and suffering, and other damages. An amusement park may be negligent if it fails to utilize cameras, human employees, and visitor reporting systems to detect fall hazards, does not respond immediately to slipping and tripping hazards, does not keep all necessary equipment to remove slipping and tripping hazards, and does not clearly mark areas that pose a high risk of slip and fall accidents (like areas saturated from water rides).

Conclusion

Are amusement park regulations enough? The answer, unfortunately, is not a simple yes. While the industry has made strides in promoting safety, the fragmented regulatory landscape and the potential for accidents highlight the need for continuous improvement. By strengthening state oversight, closing regulatory loopholes, improving data collection, and promoting a culture of safety, we can help ensure that amusement parks remain a source of fun and excitement for everyone.