Injured on a Roller Coaster? Your Rights and Legal Options

Each year, millions of thrill-seekers flock to amusement parks, eager to experience the adrenaline rush of towering roller coasters. While these rides are designed for excitement, they also carry inherent risks. According to the International Association of Amusement Parks and Attractions (IAAPA), in 2019, there were an estimated 449 injuries related to roller coasters. If you’ve been injured on a roller coaster, understanding your rights and legal options is crucial.

Common Roller Coaster Injuries

Roller coaster accidents can result in a wide range of injuries, from minor to severe. Some of the most common include:

Head and Neck Injuries: Whiplash, concussions, and traumatic brain injuries (TBI) are frequently reported due to the sudden acceleration, deceleration, and jerking motions of roller coasters.
Back Injuries: The forces exerted during a ride can strain or injure the back, leading to pain, muscle spasms, or even more serious spinal injuries.
Broken Bones: Falls from roller coasters or impacts with the ride structure can cause fractures.
Lacerations and Bruises: Contact with ride components or debris can result in cuts, scrapes, and contusions.
Internal Injuries: In severe cases, the force of a roller coaster ride can cause internal bleeding or organ damage.
Cardiac Issues: The extreme thrill and G-forces can trigger cardiac arrest in individuals with pre-existing heart conditions.

Causes of Roller Coaster Accidents

Many factors can contribute to roller coaster accidents, including:

Mechanical Failure: Malfunctions of ride components, such as brakes, restraints, or tracks, can lead to accidents.
Design Defects: Flaws in the design of a roller coaster can make it inherently unsafe.
Operator Negligence: Improperly trained or inattentive ride operators can cause accidents by failing to follow safety procedures.
Maintenance Issues: Inadequate maintenance and inspections can lead to the deterioration of ride components and increase the risk of accidents.
Rider Misconduct: Failing to follow safety rules, such as standing up or tampering with restraints, can also cause injuries.

Determining Liability: Who Is Responsible?

Establishing liability is a critical step in pursuing a personal injury claim after a roller coaster accident. Several parties may be held responsible, depending on the circumstances:

Amusement Park Owners/Operators: Amusement parks have a duty to maintain their premises and rides in a reasonably safe condition. This includes regular inspections, proper maintenance, and adequate training for employees.
Ride Manufacturers: If an accident is caused by a design or manufacturing defect, the ride manufacturer may be liable.
Maintenance Contractors: Companies responsible for maintaining and inspecting the rides can be held liable if their negligence contributes to an accident.
Ride Operators: Negligent actions by ride operators, such as failing to secure passengers or ignoring safety protocols, can lead to liability.

Legal Claims in Roller Coaster Injury Cases

Depending on the cause of the accident, several types of legal claims may be pursued:

Negligence: This is the most common type of claim, alleging that the amusement park or another party failed to exercise reasonable care, resulting in the injury. To prove negligence, you must demonstrate that the defendant owed you a duty of care, breached that duty, and that the breach directly caused your injuries.
Premises Liability: This claim asserts that the amusement park was negligent in maintaining a safe environment for visitors.
Product Liability: If the accident was caused by a defective ride component, a product liability claim can be filed against the manufacturer.

Your Rights and Legal Options

If you’ve been injured on a roller coaster, it’s essential to take the following steps to protect your rights:

Seek Medical Attention: Your health is the top priority. Get immediate medical attention, even if you don’t think you are seriously injured. Some injuries, like TBIs, may not be immediately apparent.
Report the Incident: Notify the amusement park management and request an official incident report.
Document the Scene: Take photos and videos of the accident scene, including the ride, any visible hazards, and your injuries.
Gather Information: Collect contact information from witnesses and park employees.
Consult an Attorney: Contact a personal injury attorney experienced in amusement park accidents. An attorney can evaluate your case, advise you on your legal options, and help you navigate the claims process.

Proving Your Case: Evidence and Documentation

Building a strong case requires gathering and preserving evidence to support your claim. This may include:

Accident Reports: Official reports filed by the amusement park.
Witness Statements: Accounts from individuals who witnessed the accident.
Medical Records: Documentation of your injuries, treatment, and medical expenses.
Photographs and Videos: Visual evidence of the accident scene and your injuries.
Maintenance Records: Records of ride inspections, maintenance, and repairs.
Expert Testimony: Testimony from engineers, safety experts, or medical professionals to establish the cause of the accident and the extent of your injuries.

Defenses Raised by Amusement Parks

Amusement parks and their insurance companies may raise several defenses to avoid liability, including:

Assumption of Risk: They may argue that you voluntarily assumed the risks associated with riding a roller coaster. However, this defense typically only applies to the inherent risks of the ride, not to those caused by negligence.
Waivers: Many amusement parks require visitors to sign waivers that limit their liability. However, these waivers are not always enforceable, especially in cases of gross negligence.
Comparative Negligence: They may argue that you were partially responsible for the accident, which could reduce your compensation.

Compensation for Your Injuries

If you are successful in your claim, you may be entitled to compensation for various damages, including:

Medical Expenses: Past and future medical bills related to your injuries.
Lost Wages: Compensation for lost income due to your inability to work.
Pain and Suffering: Damages for the physical pain and emotional distress you have experienced.
Property Damage: Compensation for any damaged personal property.
Punitive Damages: In some cases, punitive damages may be awarded if the amusement park’s conduct was particularly egregious.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which is the time limit for filing a lawsuit. The statute of limitations for personal injury claims varies by state, so it’s essential to consult with an attorney as soon as possible to ensure your claim is filed on time. In Florida, the statute of limitations for personal injury cases is four years from the date of the accident. In New York, the statute of limitations for negligent personal injury cases is three years.

Amusement Park Safety Regulations

Amusement park safety regulations vary from state to state. While there are no mandatory national safety standards for amusement rides, the industry has developed extensive consensus standards through ASTM International. Some states incorporate these standards into their regulatory laws. The U.S. Consumer Product Safety Commission (CPSC) has the authority to investigate accidents involving mobile rides, but fixed-site amusement parks are primarily regulated by state and local agencies.

Recent Lawsuits and Settlements

Several high-profile lawsuits and settlements have highlighted the potential for significant compensation in amusement park accident cases. For example, Darien Lake settled a lawsuit for \$2.85 million after a U.S. Army veteran was killed after falling out of a roller coaster. In another case, a Walt Disney World guest was awarded \$841,535 for injuries sustained on the Grand Prix Raceway ride.

Conclusion

Roller coaster accidents can have devastating consequences, leaving victims with serious injuries and financial burdens. If you’ve been injured on a roller coaster, it’s essential to understand your rights and legal options. By seeking medical attention, documenting the incident, and consulting with an experienced personal injury attorney, you can protect your rights and pursue the compensation you deserve.