Amusement Parks’ Duty of Care: Ensuring Guest Safety and Preventing Accidents

Each year, millions of people visit amusement parks seeking thrilling experiences and family fun. While these parks offer entertainment and excitement, they also carry inherent risks. According to the International Association of Amusement Parks and Attractions (IAAPA), the chance of sustaining a serious injury at a fixed-site amusement park is about one in 15.5 million rides. However, in 2022, there were approximately 1,390 injuries at amusement parks, 19% of which were considered serious. This highlights the critical importance of understanding an amusement park’s duty of care to its guests.

What is “Duty of Care?”

“Duty of care” is a legal term that describes the obligation a person or organization has to avoid acts or omissions that could foreseeably cause harm to others. In the context of amusement parks, this means that park owners and operators have a responsibility to ensure the safety and well-being of their visitors. This duty extends to the design, construction, operation, and maintenance of rides and attractions, as well as the overall safety of the park environment.

Legal Responsibilities of Amusement Parks

Amusement parks have several legal responsibilities to ensure guest safety and prevent accidents. These responsibilities fall under premises liability law, which states that property owners must take reasonable steps to protect visitors from foreseeable dangers. Some of the key legal duties of amusement parks include:

Maintaining a Safe Environment: Amusement parks must maintain their grounds, walkways, and waiting areas in safe condition. This includes addressing hazards such as uneven surfaces, poor lighting, spills, and debris.
Regular Inspections: Parks are required to conduct routine inspections and maintenance to identify potential hazards and ensure the safety of rides and attractions. In Florida, for example, amusement parks must conduct daily safety inspections and maintain detailed records of ride maintenance, malfunctions, and repairs.
Proper Training and Qualifications: Ride operators and other staff members must be properly trained and qualified to safely operate and maintain amusement rides. This includes training on emergency procedures, proper operation of rides, and customer safety.
Clear Communication and Warning Signs: Amusement parks must clearly communicate safety procedures and provide adequate warning signs about potential risks associated with rides and attractions. This includes posting height, weight, and health restrictions, as well as rules for safe riding.
Enforcing Safety Rules: Parks must enforce safety rules and regulations to ensure that guests behave responsibly and do not put themselves or others at risk. This includes preventing horseplay, ensuring that riders stay seated, and keeping arms and legs inside the ride.
Incident Reporting and Post-Incident Reviews: Amusement parks should have a system for reporting incidents and conducting post-incident reviews to identify the causes of accidents and prevent future occurrences. The IAAPA advises amusement park owners to report any incident to the Authority Having Jurisdiction (AHJ) if a person is seriously injured and requires an overnight stay in a medical facility.

Common Causes of Amusement Park Accidents

Despite the efforts of amusement parks to ensure guest safety, accidents can still happen. Some of the most common causes of amusement park accidents include:

Mechanical Failures: Malfunctioning rides or equipment are a significant cause of accidents. This can include detachment of safety restraints, structural component failures, or other mechanical defects.
Operator Error: Errors made by ride operators, such as not following proper procedures or handling equipment incorrectly, can lead to injuries. This can include distracted or drowsy operators, or those under the influence of drugs or alcohol.
Rider Negligence: Guest behavior, such as ignoring safety rules, tampering with restraints, or standing up on rides, can also cause accidents.
Slips and Falls: Trip and fall accidents are common in crowded amusement parks due to liquid spills, uneven pavement, faulty stairs or handrails, poor lighting, and debris.
Inadequate Security: Insufficient security can contribute to assaults, thefts, and other incidents that can cause injuries to guests.

Common Types of Amusement Park Injuries

Amusement park injuries can range from minor to severe, and can include:

Head, Neck, and Back Injuries: These are among the most common types of injuries in amusement parks, often resulting from sudden stops, sharp turns, or being hit by loose objects on rides. Whiplash, concussions, and traumatic brain injuries can also occur.
Broken Bones and Fractures: These can result from falls, collisions, or being thrown from a ride.
Soft Tissue Injuries: Sprains, strains, cuts, and bruises are also common in amusement park accidents.
Drowning Accidents: Drowning is a risk in water parks or on water rides if safety isn’t taken seriously.
Internal Injuries: The intense forces exerted by some rides can lead to internal injuries, especially in those with pre-existing conditions.

Steps to Take After an Amusement Park Accident

If you are injured in an amusement park accident, it is important to take the following steps:

Seek Immediate Medical Attention: Your health and safety should be the top priority. Get a thorough medical examination to document your injuries, even if you don’t feel immediate pain.
Report the Incident: Notify park staff or security about the incident as soon as possible and ensure that an official report is filed. Obtain a copy of the incident report for your records.
Collect Evidence: Gather as much evidence as possible from the scene of the accident. This includes taking photographs of the area, any hazardous conditions, the ride or attraction involved, and your injuries. Collect contact information from any witnesses.
Contact an Experienced Attorney: Amusement parks usually have lawyers and insurance teams working to protect their interests. An experienced personal injury lawyer can guide you through the legal process and help you seek compensation for your injuries.
Document Everything: Keep detailed records of all medical treatments, accident-related expenses, and how the injury impacts your daily life. This documentation will be vital when filing a claim.

How Amusement Parks Can Prevent Accidents

Amusement parks can take several steps to prevent accidents and ensure guest safety:

Regular Inspections and Maintenance: Conduct routine inspections and maintenance to identify potential hazards and ensure the safety of rides and attractions.
Proper Training and Qualifications: Ensure that ride operators and other staff members are properly trained and qualified to safely operate and maintain amusement rides.
Clear Communication and Warning Signs: Clearly communicate safety procedures and provide adequate warning signs about potential risks associated with rides and attractions.
Enforcing Safety Rules: Enforce safety rules and regulations to ensure that guests behave responsibly and do not put themselves or others at risk.
Implementing Emergency Mechanisms: Rides should have emergency mechanisms in place to stop the ride quickly in case of a malfunction or other issue.
Developing a Crisis Management Plan: Develop a crisis management plan to help staff respond effectively during unexpected events.

Conclusion

Amusement parks have a duty of care to ensure the safety of their guests. By understanding their legal responsibilities and taking proactive steps to prevent accidents, amusement parks can create a safe and enjoyable environment for all visitors. However, accidents can still happen, and it is important for guests to be aware of their rights and take appropriate action if they are injured. If you or a loved one has been injured in an amusement park accident, it is important to seek medical attention, report the incident, collect evidence, and contact an experienced attorney to protect your rights and seek compensation for your injuries.