Adventureland Settlement: Amusement Park Negligence and Water Ride Dangers

Each year, millions of families visit amusement parks seeking thrilling experiences and lasting memories. However, beneath the surface of fun and excitement lies the potential for serious injuries, particularly on water rides. Recent incidents and legal settlements highlight the critical importance of amusement park safety, proper maintenance, and vigilant oversight. In 2021, North American amusement parks reported approximately 2,000 injuries, a stark reminder of the risks involved. This blog post delves into the complexities surrounding amusement park negligence, focusing on water ride dangers and the legal ramifications for parks and their patrons.

The Jaramillo Case: A Tragedy at Adventureland

The tragic death of 11-year-old Michael Jaramillo at Adventureland Park in Altoona, Iowa, serves as a somber reminder of the potential dangers lurking within amusement parks. On July 3, 2021, Michael was riding the “Raging River” water ride with his family when their raft overturned, trapping them underwater. Michael could not release his seatbelt and tragically drowned. His brother, David, spent his 16th birthday in a medically induced coma.

The Jaramillo family filed a lawsuit against Adventureland, alleging negligence in the ride’s maintenance and operation. The lawsuit pointed to outdated rafts, broken equipment, and unapproved ride changes as contributing factors to the accident. The family’s attorney emphasized deeper problems within the amusement park industry and called for real changes to make rides safer in Iowa and elsewhere. The park itself, Adventureland, had already made changes since the accident. The Raging River ride, where the accident took place, was shut down for a time. After being sold to new owners, some rides were removed, and others were upgraded or retired. The former owners, including the CEO named in the lawsuit, are no longer involved.

Ultimately, Adventureland reached a settlement with the Jaramillo family. While the details of the settlement remain confidential, it underscores the park’s responsibility for ensuring the safety of its patrons.

Understanding Amusement Park Negligence

Amusement park negligence occurs when a park fails to exercise reasonable care in maintaining its premises and operating its rides, leading to injuries or fatalities. To establish negligence, a plaintiff must prove the following four elements:

Duty of Care: The amusement park owed a duty of care to the injured party. Amusement park owners and operators have a duty to provide a safe environment for visitors. This responsibility includes maintaining rides, keeping walkways free of hazards, and ensuring safety equipment works properly.
Breach of Duty: The amusement park breached its duty of care by failing to maintain a safe environment. A breach of duty means that a business has not maintained their premises to a reasonable standard; therefore, breaching the standards of care needed for their attendees. This breach of care can occur when the park or its employees fail to act as a reasonably prudent person under similar circumstances. For example, if the park did not regularly inspect and maintain a roller coaster, and a malfunction directly caused your injuries, this can be seen as a breach of duty.
Causation: The amusement park’s breach of duty directly caused the injury.
Damages: The injured party suffered actual damages, such as medical expenses, lost wages, and pain and suffering.

Common Causes of Amusement Park Accidents

Several factors can contribute to amusement park accidents, including:

Mechanical Failures: Malfunctioning rides due to inadequate maintenance or design flaws. Mechanical issues – such as exposed electrical wires, malfunctioning lap bars, failing to shut off, etc.
Operator Negligence: Improperly trained or inattentive ride operators. Negligent employees that do not exert reasonable care when loading or unloading, or operating the ride.
Inadequate Safety Measures: Lack of proper safety restraints, warning signs, or emergency procedures. Failure to post warning signs prohibiting people with certain conditions (pregnancy, heart condition, amputees) from going on certain rides.
Premises Hazards: Slip and fall hazards, such as wet surfaces or debris in walkways.
Rider Negligence: Reckless behavior by guests or visitors on rides or not following the safety instructions relayed by the amusement park employees.

Water Ride Dangers: A Closer Look

Water rides, while seemingly tame, can pose significant risks due to the combination of motion, water, and potential mechanical failures. Common water ride dangers include:

Drowning: Particularly in rides with deep water or strong currents.
Slip and Fall Injuries: Wet surfaces around the ride can lead to falls.
Collisions: Rafts or boats colliding with each other or the ride structure.
Ejection from Ride: Riders being thrown from the ride due to excessive speed or sudden stops.
Infections: Waterborne illnesses from improperly sanitized water.

Legal Considerations and Potential Lawsuits

If you or a loved one has been injured at an amusement park, it is crucial to understand your legal rights and options. You may be able to file a personal injury lawsuit against the amusement park to recover compensation for your damages.

Types of Lawsuits:

Negligence: Based on the park’s failure to exercise reasonable care.
Premises Liability: Based on the park’s responsibility to maintain a safe premises.
Product Liability: Based on a defect in the ride’s design or manufacturing.

Recoverable Damages:

Medical expenses
Lost wages
Pain and suffering
Emotional distress
Punitive damages (in cases of gross negligence)

Steps to Take After an Amusement Park Injury

If you are injured at an amusement park, take the following steps:

Seek Medical Attention: Your health is the top priority.
Report the Incident: Notify park management and file an incident report.
Gather Evidence: Take photos of the accident scene, the ride, and your injuries. Collect contact information from witnesses.
Consult an Attorney: An experienced personal injury attorney can advise you on your legal rights and options.

Ensuring Amusement Park Safety: A Shared Responsibility

Amusement park safety is a shared responsibility between park operators and patrons. Parks must prioritize safety through regular inspections, proper maintenance, and well-trained staff. Patrons must follow safety rules, heed warnings, and exercise caution while on rides.

Safety Tips for Amusement Park Visitors:

Read and follow all posted safety rules and instructions.
Ensure that safety restraints are properly fastened.
Keep hands, arms, legs, and feet inside the ride at all times.
Avoid horseplay or reckless behavior.
Report any safety concerns to park staff.
Pay attention to height and weight restrictions.
Do not ride if you have any medical conditions that may be aggravated by the ride.

The Future of Amusement Park Safety

The amusement park industry is constantly evolving, with new technologies and safety measures being developed to enhance the safety of rides and attractions. These include advanced sensor systems, improved restraint designs, and enhanced training programs for ride operators.

Conclusion

Amusement parks offer thrilling experiences, but it’s crucial to remember that accidents can happen. By understanding the risks, exercising caution, and holding parks accountable for negligence, we can work together to create a safer and more enjoyable experience for everyone.

If you or a loved one has been injured at an amusement park, don’t hesitate to contact our experienced personal injury attorneys for a free consultation. We can help you understand your legal rights and pursue the compensation you deserve.