Filing a Roller Coaster Injury Lawsuit: Key Considerations

Each year, thousands of thrill-seekers flock to amusement parks, eager to experience the adrenaline rush of roller coasters. While these rides are designed to be safe, accidents do happen, leading to injuries that can range from minor to severe. According to the International Association of Amusement Parks and Attractions (IAAPA), the odds of dying on a roller coaster ride are approximately one in 750 million, but injuries are more common, with an estimated 449 roller coaster-related injuries occurring in 2019. If you’ve been injured on a roller coaster, understanding your legal options is crucial. This blog post will explore the key considerations for filing a roller coaster injury lawsuit.

Establishing Negligence

The foundation of any personal injury lawsuit, including those involving roller coaster accidents, is establishing negligence. To win a roller coaster injury lawsuit based on negligence, a plaintiff must demonstrate the following ([1]):

Duty of Care: The defendant (e.g., the amusement park, ride manufacturer, or operator) owed a duty of care to the plaintiff (the injured party). Amusement parks have a legal duty to ensure the safety of their guests. This includes regularly inspecting and maintaining rides, properly training staff, and providing clear warning signs and safety instructions ([23], [24]).
Breach of Duty: The defendant breached that duty of care through negligence. This could involve failing to properly maintain the ride, inadequately training employees, or neglecting to warn riders of potential hazards ([1], [23]).
Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries. There must be a clear link between the negligence and the resulting harm ([1]).
Damages: The plaintiff suffered actual damages as a result of the injuries. These damages can include medical expenses, lost wages, pain and suffering, and other related losses ([19], [20]).

Common Causes of Roller Coaster Accidents

Several factors can contribute to roller coaster accidents, and identifying the cause is essential for building a strong case. Some common causes include:

Mechanical Failures: Malfunctioning safety restraints, broken welds, structural component failures, and exposed electrical wires can all lead to accidents ([1], [9]).
Operator Negligence: Improperly trained ride operators, abrupt starting or stopping of the ride, and failure to follow safety procedures can also cause injuries ([1], [9], [23]).
Passenger Behavior: Intentionally rocking cars, standing up, tampering with safety restraints, or not following instructions can lead to accidents ([1]).
Defective Design or Manufacturing: A flaw in the design or manufacturing of the roller coaster itself can create an unsafe condition ([1], [24]).
Inadequate Maintenance and Inspections: Failure to regularly inspect and maintain the ride can result in undetected problems that lead to accidents ([9], [23]).

Common Injuries in Roller Coaster Accidents

Roller coaster accidents can result in a wide range of injuries, with the head, neck, and back being the most commonly affected areas ([4]). Some typical injuries include:

Whiplash and Neck Injuries: Sudden jerks and rapid acceleration can cause whiplash and other neck injuries ([29]).
Head Injuries: Concussions, skull fractures, and traumatic brain injuries (TBIs) can occur from impacts during the ride ([4], [9], [14], [16]).
Back Injuries: The force of the ride can cause back injuries, including strains, sprains, and spinal cord damage ([4], [16]).
Broken Bones: Falls from the ride or impacts with the structure can result in broken bones ([2], [4], [9], [14], [16]).
Lacerations and Bruises: Contact with the ride or other objects can cause cuts, scrapes, and bruises ([2], [9], [16]).
Internal Injuries: In rare cases, the force of the ride can cause internal bleeding or organ damage ([2]).

Identifying Potential Defendants

In a roller coaster injury lawsuit, several parties could be held liable, depending on the circumstances of the accident. Potential defendants include:

Amusement Park Owners and Operators: They are responsible for maintaining a safe environment and ensuring the proper operation of the rides ([24]).
Ride Manufacturers: If the accident was caused by a defect in the design or manufacturing of the roller coaster, the manufacturer may be liable ([1], [20], [24]).
Maintenance Companies: If a maintenance company was responsible for inspecting and maintaining the ride, their negligence could lead to liability ([23]).
Ride Operators: Negligent actions by the ride operator can also result in liability ([1], [20]).

Understanding the Statute of Limitations

Each state has a statute of limitations, which sets a deadline for filing a personal injury lawsuit. The statute of limitations varies depending on the state and the type of claim. In California, the statute of limitations for personal injury claims is typically two years from the date of the incident ([5], [12]). In New York, it is generally three years from the date of the injury ([3]). Failing to file a lawsuit within the statute of limitations will likely result in the claim being barred ([6]).

Common Defenses in Roller Coaster Injury Lawsuits

Amusement parks and their insurers often raise several defenses in roller coaster injury lawsuits, including:

Assumption of Risk: This defense argues that the plaintiff voluntarily assumed the risk of injury by riding the roller coaster ([1], [24]). However, this defense typically only applies to the inherent risks of the ride, not to risks created by negligence.
Comparative Negligence: This defense argues that the plaintiff was partially responsible for their injuries ([1]). If the plaintiff is found to be partially at fault, their damages may be reduced accordingly.
Lack of Evidence: The defense may argue that there is insufficient evidence to prove negligence or causation ([23]).

The Importance of Documentation and Evidence

Building a strong roller coaster injury lawsuit requires thorough documentation and evidence. It is important to:

Seek Medical Attention: Obtain prompt medical treatment for your injuries and keep detailed records of all medical expenses and treatments ([14], [30]).
Report the Incident: Report the accident to the amusement park and obtain a copy of the incident report ([14], [30]).
Gather Evidence: Collect any evidence related to the accident, such as photographs, videos, witness statements, and ride maintenance records ([23], [30]).
Keep a Journal: Document your pain, suffering, and any limitations you experience as a result of your injuries ([30]).

Seeking Legal Assistance

Filing a roller coaster injury lawsuit can be a complex process. Consulting with an experienced personal injury attorney is highly recommended. A lawyer can help you:

Investigate the Accident: Conduct a thorough investigation to determine the cause of the accident and identify all potential defendants ([19], [20]).
Gather Evidence: Collect and preserve evidence to support your claim ([23], [30]).
Negotiate with Insurance Companies: Handle communications and negotiations with the amusement park’s insurance company ([20], [29]).
File a Lawsuit: File a lawsuit and represent you in court if a fair settlement cannot be reached ([19], [20]).
Maximize Compensation: Work to maximize the compensation you receive for your injuries and losses ([29], [30]).

Conclusion

While roller coasters are designed to provide thrills and excitement, accidents can happen, leading to serious injuries. If you’ve been injured on a roller coaster, understanding your legal rights and options is essential. By establishing negligence, gathering evidence, and seeking legal assistance, you can pursue a roller coaster injury lawsuit and seek the compensation you deserve. Remember to act quickly, as statutes of limitations can impact your ability to file a claim.