Are Amusement Park Rides Safe? Negligence and Maintenance Shortfalls

Amusement parks are synonymous with fun, thrills, and unforgettable memories. However, beneath the surface of laughter and excitement lies a critical question: Are amusement park rides truly safe? While millions visit amusement parks each year, a significant number sustain injuries, highlighting potential negligence and maintenance shortfalls. In 2016, U.S. emergency rooms treated approximately 30,900 amusement park-related injuries. This blog explores the factors that contribute to amusement park accidents, the legal responsibilities of park operators, and what you should do if you or a loved one is injured.

The Reality of Amusement Park Accidents

Amusement park accidents, though relatively rare, can and do occur. The U.S. Consumer Product Safety Commission (CPSC) tracks statistics for amusement ride accidents. These accidents can stem from various sources, including:

Guest Negligence: Refusal to follow safety instructions or deliberate violation of park rules.
Pre-Existing Health Issues: A guest’s known or unknown health conditions exacerbated by the ride.
Park Negligence: Ride operator or maintenance errors, or deliberate disregard for safety protocols.

While the amusement park industry estimates the chance of injury at “fixed-site” parks at approximately 1 in 17 million, the actual number of injuries may be difficult to determine. Accidents can range from minor scrapes and bruises to severe injuries, including broken bones, head trauma, and even fatalities. Children are particularly vulnerable, accounting for about half of all amusement park injuries, often involving the head, neck, arms, face, or legs.

Common Causes of Amusement Park Accidents

Several factors can contribute to accidents at amusement parks. Identifying these causes is crucial for prevention and for understanding liability in case of an injury.

Mechanical Failures: Malfunctioning equipment, such as faulty components, worn-out parts, or unexpected breakdowns, can lead to serious accidents. Examples include exposed electrical wires, malfunctioning lap bars, or rides failing to shut off properly.
Design Flaws: Poorly engineered structures, inadequate safety features, or improper operational mechanisms can increase the risk of accidents.
Operator Error: Mistakes during ride operation, failure to follow safety protocols, insufficient training, or failure to properly secure guests can compromise safety.
Inadequate Maintenance: Insufficient maintenance and infrequent inspections can result in undetected mechanical issues or potential hazards.
Premises Liability: Unsafe conditions on the property, such as uncleared walkways or poorly maintained attractions, can lead to slip and fall accidents.
Inadequate Security: Insufficient security measures can lead to assaults or injuries inside the park.

Legal Responsibilities of Amusement Parks

Amusement parks have a legal duty to ensure the safety of their guests. This duty of care extends to various aspects of the park, including the rides, equipment, food service areas, and overall environment. If this duty is breached, the park can be held liable for any resulting injuries. Key areas of responsibility include:

Ride Maintenance and Inspections: Amusement parks are required to regularly inspect and maintain their rides to ensure they are safe for use. This includes performing routine safety checks, repairing any broken or malfunctioning parts, and keeping detailed records of all inspections.
Training of Staff: The park’s employees play a critical role in maintaining safety. Ride operators must be trained to handle the equipment properly, enforce safety regulations, and respond to emergencies.
Warning Signs and Safety Instructions: Clear and visible warning signs are a crucial element of amusement park safety. Guests should be made aware of any risks associated with a particular ride, including height or weight restrictions, health warnings, and instructions for safe use.
Premises Maintenance: Amusement parks must ensure that their premises are free from hazards that could cause harm to visitors. This includes keeping walkways clear of debris, properly maintaining attractions, and providing adequate security.

Establishing Negligence

To pursue compensation for an amusement park injury, victims must prove that the park was negligent in its duty of care. This requires showing that the park’s actions (or inactions) directly contributed to the injury. Evidence such as maintenance records, witness testimony, and surveillance footage can help establish negligence.

The basic elements necessary to prove negligence in a premises liability claim are:

Duty of Care: The park owed the injured victim a duty of care.
Breach of Duty: The park breached its duty of care through a negligent or reckless act.
Causation: The breach of duty caused the victim’s injury or illness.
Damages: The victim suffered compensable losses as a result.

Types of Legal Claims

Several legal claims can arise from amusement park injuries, including:

Negligence: This is the most common type of claim, where the park’s carelessness or inattention caused the accident.
Premises Liability: This claim applies when the injury occurred due to unsafe conditions on the park’s property.
Product Liability: If a faulty ride design or product caused the injury, a claim can be filed against the manufacturer and potentially the seller of the ride.

What to Do If Injured at an Amusement Park

If you or a loved one is injured at an amusement park, it’s crucial to take the following steps:

Seek Medical Attention: Your health is the top priority. Get immediate medical attention for any injuries.
Report the Incident: Report the incident to park authorities and obtain a copy of the incident report.
Gather Evidence: Collect as much evidence as possible, including photos of the accident scene, witness statements, and any relevant documentation.
Consult an Attorney: Contact a personal injury attorney experienced in amusement park accidents to discuss your legal rights and options.

The Role of an Amusement Park Injury Attorney

An amusement park injury attorney can help you navigate the complex legal terrain that often follows such incidents. Their role includes:

Investigating the Accident: Thoroughly investigating the circumstances of your injury and gathering crucial evidence to strengthen your case.
Determining Liability: Identifying all responsible parties, including the park owners, ride manufacturers, or other entities that may have played a role in the accident.
Negotiating with Insurance Companies: Dealing with the park’s insurance company to ensure you receive fair compensation for your injuries.
Filing a Lawsuit: If necessary, filing a lawsuit to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.

Compensation for Injuries

If you have been injured due to the negligence of an amusement park, you may be entitled to compensation for:

Medical Expenses: Covering past and future medical bills related to the injury.
Lost Wages: Reimbursing you for any income lost due to the injury.
Pain and Suffering: Compensating you for the physical and emotional distress caused by the injury.
Other Damages: Covering other losses resulting from the accident, such as diminished earning capacity or property damage.

Conclusion

While amusement parks offer thrilling experiences, it’s essential to be aware of the potential risks. Negligence and maintenance shortfalls can lead to accidents that result in serious injuries. By understanding the legal responsibilities of park operators and knowing what to do if an accident occurs, you can protect your rights and seek the compensation you deserve. If you or a loved one has been injured at an amusement park, consulting with an experienced personal injury attorney is crucial to ensure you receive fair treatment and just compensation.