Are Amusement Park Ride Safety Regulations Enough?

Every year, millions of people flock to amusement parks for a day of thrills and excitement. In 2019 alone, over 385 million guests safely enjoyed more than 1.7 billion rides at approximately 400 North American fixed-site facilities. However, with so many people enjoying these attractions, safety is a paramount concern. While the chance of being seriously injured on a fixed-site ride at a U.S. amusement park is statistically low, around 1 in 15.5 million rides taken, the question remains: Are amusement park ride safety regulations enough to protect the public?

The Current Regulatory Landscape

Amusement park safety in the United States is governed by a complex system of voluntary standards, state, and local laws. The U.S. Consumer Product Safety Commission (CPSC) has the authority to investigate accidents and collaborate with manufacturers to address defects or hazards, but its jurisdiction is limited to mobile rides and devices. Fixed-site amusement park rides, like those at major theme parks, are exempt from federal safety oversight.

This leaves the responsibility of establishing safety audit and inspection programs to state and local governments. Currently, 44 out of 50 states regulate amusement parks. The six states without state oversight—Alabama, Mississippi, Montana, Nevada, Wyoming, and Utah—generally have few or no amusement parks. However, the stringency of ride regulation varies significantly among the states that do have oversight.

According to Safety Park USA, an insurance and risk management company for the amusement industry, only about 20 states have “comprehensive government oversight.” These states mandate regular inspections by 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 reviews 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.

The Role of Industry Standards

While government regulations provide a baseline for safety, the amusement park industry also relies heavily on voluntary standards developed by organizations like ASTM International. ASTM International’s Committee F24 on Amusement Rides and Devices creates standards for design, manufacture, testing, operation, maintenance, inspection, and quality assurance. These standards are frequently reviewed and revised to keep pace with new technologies and have been adopted by many governmental jurisdictions. Approximately 35 states reference ASTM standards in their regulations for ride safety.

The International Association of Amusement Parks and Attractions (IAAPA) also plays a significant role in promoting safety within the industry. IAAPA collaborates with regulatory authorities, inspection bodies, and standard development organizations to develop safety standards and regulations. They also provide safety tips for guests and encourage parks to augment regulations using the detailed ASTM International ride safety standards.

Potential Loopholes and Concerns

Despite the existing regulations and industry standards, some potential loopholes and concerns remain:

Lack of Federal Oversight: The absence of federal oversight for fixed-site amusement park rides raises concerns about consistency and comprehensiveness of safety measures across the country.
Varied State Regulations: The wide variation in state regulations can lead to inconsistencies in safety standards, potentially making amusement parks in some states safer than others.
Self-Regulation Concerns: Some argue that relying heavily on voluntary industry standards may not be sufficient, as amusement parks may prioritize profits over safety.
Incident Reporting: A lack of mandatory incident reporting in all states makes it difficult to accurately assess the frequency and severity of amusement park accidents. Because there is virtually no obligation for amusement parks to report injuries, there are no reliable statistics.
The “Assumption of Risk” Defense: Amusement parks may use the “assumption of risk” defense to argue that riders knowingly accepted the inherent risks of riding an amusement park ride.

What Can Be Done?

To enhance amusement park ride safety, several measures could be considered:

Federal Oversight: Expanding federal oversight to include fixed-site amusement park rides could help ensure consistent safety standards across the country.
Standardized State Regulations: Encouraging states to adopt more comprehensive and standardized regulations could reduce inconsistencies in safety standards.
Mandatory Incident Reporting: Implementing mandatory incident reporting requirements in all states would provide a more accurate picture of amusement park accidents and help identify potential safety issues.
Enhanced Inspections: Increasing the frequency and rigor of inspections, both by government agencies and independent third parties, could help identify and address potential safety hazards.
Increased Transparency: Making inspection reports and accident data publicly available would increase transparency and accountability within the industry.
Focus on Rider Responsibility: While regulations and inspections are crucial, riders also have a responsibility to follow safety guidelines, obey ride restrictions, and report any unsafe conditions to park staff.

What to Do if an Accident Occurs

Despite the best efforts of regulators and park operators, accidents can still happen. If you or a loved one is injured at an amusement park, it’s essential to take the following steps:

Seek Medical Attention: Your health and safety are the top priority.
Report the Incident: Notify park management and file an incident report.
Gather Evidence: Take photos and videos of the accident scene, and collect contact information from witnesses.
Consult with a Personal Injury Attorney: An experienced attorney can help you understand your legal rights and options.

Legal Considerations

Amusement park accident lawsuits typically fall under the umbrella of premises liability law, which holds property owners responsible for maintaining a safe environment for visitors. To win an amusement park accident lawsuit, you must generally prove that the park owner or operator was negligent and that their negligence caused your injuries. Negligence can take many forms, such as:

Failure to properly maintain rides
Failure to conduct thorough safety inspections
Inadequate training of staff
Failure to warn patrons of known safety hazards

In some cases, a product liability claim may also be possible if the accident was caused by a defective ride or component.

Conclusion

While amusement park ride safety regulations have come a long way, there is always room for improvement. By strengthening regulations, enhancing inspections, increasing transparency, and promoting rider responsibility, we can work towards making amusement parks safer for everyone.

If you or a loved one has been injured in an amusement park accident, it is crucial to seek legal guidance to understand your rights and options. Contact our firm today for a consultation.