Florida Theme Park Safety Inspections: Are They Enough?

Millions of families flock to Florida each year, drawn by the promise of thrilling rides and unforgettable experiences at world-renowned theme parks. While the focus is often on the fun and excitement, a critical question looms: Are Florida theme park safety inspections enough to protect visitors? With an estimated 14,074 injuries occurring in Florida theme parks between 2019 and 2023, according to a recent analysis, the answer may not be as straightforward as one might hope.

The Illusion of Safety: How Florida’s Regulatory System Works

Florida’s theme park industry is a significant economic driver, attracting tourists from across the globe. To maintain their reputation, these parks must adhere to safety guidelines established by state and federal authorities. However, the regulatory landscape in Florida is unique.

The Florida Department of Agriculture and Consumer Services (FDACS) oversees amusement ride inspections and ensures that theme parks meet required safety standards. The FDACS inspects temporary rides each time they are set up, and permanent rides at smaller parks are inspected semi-annually. Moreover, the state mandates that all amusement rides meet the standards set by the American Society for Testing and Materials (ASTM) International, covering everything from design and construction to operation and maintenance. Compliance with these standards is mandatory and is periodically reviewed through unannounced state inspections.

However, a significant loophole exists: major theme parks employing more than 1,000 people, such as Walt Disney World, Universal Orlando, and SeaWorld, are exempt from these state inspections. Instead, they operate under a system of self-inspection and self-reporting. These parks design their own safety protocols, conduct their own inspections, and are only required to report injuries or deaths to state agencies.

This self-reporting system has drawn criticism from safety advocates who argue for more independent oversight. While these major parks invest millions in safety and emphasize that most visits are incident-free, the lack of external checks raises concerns about transparency and potential underreporting.

The “Roller Coaster Loophole” and Patchwork Regulation

The situation is further complicated by a federal exemption known as the “roller coaster loophole.” The Consumer Product Safety Commission (CPSC) oversees mobile amusement rides but not fixed-site attractions, leaving the regulation of these larger parks primarily to the state.

Nationally, amusement park regulation is a patchwork. While forty-four states regulate amusement rides, only twenty have thorough government oversight programs, and six states have no oversight at all.

What the Law Requires: A Look at Florida Statutes

Despite the self-regulation system, Florida law does outline specific requirements for amusement park safety. Section 616.242 of the Florida Statutes establishes uniform standards for ride safety, including:

Annual inspections of all operating amusement rides by a licensed professional engineer or qualified inspector.
Mandatory insurance or a bond against potential liability of up to $1 million per occurrence.
Annual nondestructive testing for metal fatigue (with some exceptions).
Daily inspections and testing by operators before opening, with written records kept for at least 14 days.
Reporting of accidents resulting in hospitalization to the Department of Agriculture within four hours.

Violations of these standards can lead to government sanctions and provide grounds for civil liability if an accident occurs.

The Tyre Sampson Act: A Step Towards Enhanced Safety

The recent introduction of the Tyre Sampson Act marks a significant step forward in amusement park safety regulations in Florida. Named after a 14-year-old boy who tragically died after falling from an amusement ride in Orlando, the act targets the safety protocols of rides that are not permanently installed, often found at fairs or temporary installations.

The Tyre Sampson Act mandates stricter control measures, including more rigorous reporting of ride malfunctions and incidents. It requires ride operators to provide more comprehensive training to employees and implement enhanced safety protocols that align with the latest industry standards. Additionally, the act calls for increased transparency with the public, necessitating clearer signage regarding ride risks and more accessible reporting on ride safety records.

When Accidents Happen: Understanding Liability

Despite safety measures, accidents can and do occur. Theme park owners have a legal responsibility to ensure their premises and attractions are properly maintained, free from hazards, and in a safe condition. This includes proper staff training and the installation of appropriate safety equipment.

If negligence on the part of the park leads to an injury, the park can be held liable. To establish a claim for negligence, it must be proven that the amusement park owed a duty of care, breached that duty, and that the breach caused the injury. Compensation may be awarded for medical expenses, lost wages, pain and suffering, and other damages.

Common causes of amusement park accidents include:

Ride malfunctions due to mechanical failures, design flaws, or improper maintenance.
Slip and fall accidents caused by wet surfaces, spills, or uneven walkways.
Inadequate safety measures, such as faulty restraints or insufficient warnings.
Negligence of park staff, including improper operation of rides or inadequate supervision.

What To Do If You Are Injured

If you or a loved one is injured at a Florida theme park, it’s essential to take the following steps:

Seek medical attention: Your health is the top priority.
Report the incident: Notify park management and file an accident report.
Gather evidence: Take photos and videos of the accident scene, and collect contact information from witnesses.
Consult an attorney: A personal injury attorney can help you understand your rights and navigate the legal process.

Are Florida’s Inspections Enough? The Verdict

So, are Florida theme park safety inspections enough? The answer is complex. While the state has regulations and standards in place, the exemption for major parks raises concerns about the effectiveness of the current system. The self-reporting model relies on the parks’ integrity, and the lack of independent oversight may compromise transparency.

The recent tragic death at Universal’s Epic Universe, where a man in his 30s died after riding the Stardust Racers roller coaster, highlights the potential risks associated with the current regulatory framework.

Advice: While theme parks strive to create a safe environment, accidents can still happen. By staying informed, following safety guidelines, and understanding your rights, you can help protect yourself and your family. If you have been injured at a Florida theme park, it is crucial to seek legal advice from a qualified attorney to explore your options and pursue the compensation you deserve. Contact us today for a consultation.