Roller Coaster Accident Lawsuits: Are Theme Parks Responsible for Ride Injuries?

Each year, millions of thrill-seekers flock to amusement parks, eager to experience the adrenaline rush of roller coasters and other exciting rides. While most visits are incident-free, accidents do happen, sometimes resulting in serious injuries. In 2016, approximately 30,000 injuries were reported in amusement parks across the United States, highlighting the potential risks associated with these attractions. When accidents occur, the question arises: Are theme parks responsible for ride injuries, and can victims pursue roller coaster accident lawsuits?

This blog post will delve into the legal aspects of roller coaster accident lawsuits, exploring the responsibilities of theme parks, the types of injuries that can occur, and the legal options available to injured parties.

Theme Park Safety and Regulations

Theme parks are legally obligated to ensure a safe environment for their visitors. This duty of care includes:

Regular Inspections and Maintenance: Theme parks must regularly inspect and maintain their rides and attractions to identify and address potential hazards. Failure to keep constant maintenance and inspecting these attractions regularly can lead to malfunctions which can cause serious injuries.
Proper Employee Training: Ride operators and other employees must be adequately trained to operate rides safely and respond to emergencies. Failing to properly train ride operators is a form of negligence.
Clear Warning Signs: Theme parks must provide clear warning signs about the risks associated with each ride, including height, weight, and health restrictions. Failure to warn attendees of risks associated with a ride or attraction is negligent, especially if the ride is intense or has specific health risks.
Adequate Safety Measures: Theme parks must implement appropriate safety measures, such as seatbelts, lap bars, and safety nets, to protect riders from harm.

California has one of the strictest amusement ride safety programs in the country. The Division of Occupational Safety and Health (Cal/OSHA) requires annual inspections of all permanent amusement rides. Parks must keep detailed records of ride maintenance, employee training, and incident response protocols.

Common Causes of Roller Coaster Accidents

Despite safety measures, accidents can still occur on roller coasters due to various factors, including:

Mechanical Failures: Malfunctions in ride equipment, such as brake failures or electrical malfunctions, can lead to accidents.
Operator Error: Negligence by ride operators, such as failing to secure safety restraints properly or not following ride protocols, can cause injuries.
Design Flaws: Inherent design flaws in rides or park facilities can create dangerous situations.
Poor Maintenance: Inadequate maintenance of rides and park facilities can lead to accidents.
Guest Behavior: Reckless behavior by guests, such as standing up on a moving ride or disregarding safety instructions, can also result in accidents.

Common Roller Coaster Injuries

Roller coaster accidents can result in a wide range of injuries, from minor scrapes and bruises to severe and life-threatening conditions. Some of the most common roller coaster injuries include:

Whiplash and Neck Injuries: These injuries can occur due to the sudden acceleration and deceleration forces experienced on roller coasters.
Head Injuries: Head injuries, including traumatic brain injuries (TBI), can result from riders hitting their heads on the sides of rides or from falls.
Back Injuries: Back injuries, such as spinal cord damage, can occur due to the intense forces exerted on the spine during roller coaster rides.
Broken Bones: Broken bones can result from falls or impacts during a roller coaster accident.
Sprains and Strains: Sprains and strains can occur due to sudden movements or twisting motions on rides.
Lacerations: Parkgoers can sustain cuts and lacerations from broken railings or poorly maintained rides.
Cardiac Arrest: The thrill of the ride and its strong G-forces can cause cardiac arrest.

Establishing Liability in Roller Coaster Accident Lawsuits

To pursue a successful roller coaster accident lawsuit, injured parties must establish liability by proving that the theme park’s negligence caused their injuries. This involves demonstrating the following elements:

Duty of Care: The theme park owed a duty of care to the injured party to maintain a safe environment.
Breach of Duty: The theme park breached its duty of care by failing to meet the required safety standards.
Causation: The theme park’s breach of duty directly caused the injured party’s injuries.
Damages: The injured party suffered damages as a result of their injuries, such as medical expenses, lost wages, and pain and suffering.

Types of Legal Claims

Negligence: This claim asserts that the park was careless in its duty to protect visitors. To prove negligence, the plaintiff must demonstrate that the park had a legal duty to be reasonably careful, that they were not careful, and that this carelessness caused the injuries.
Premises Liability: Theme parks have a duty to keep their premises reasonably safe for guests. This includes ensuring rides are functioning correctly, warning visitors of hazards, and maintaining the park.
Product Liability: If an injury is caused by a faulty design or product, a product liability lawsuit can be filed against the manufacturer and potentially the seller of the ride.

Proving Negligence

Proving negligence in an amusement park injury case involves collecting as much evidence as possible at the time of the accident. This could include witness accounts, medical reports, and photos of injuries and the accident site. After the accident, you may need to gather extra information to back up your claim, like maintenance logs and inspection reports.

The Role of “Assumption of Risk”

Theme parks may argue that riders assume certain risks when participating in potentially dangerous activities like amusement rides. The strength of this argument varies by state and depends on whether the state follows contributory or comparative negligence principles. Some states do not allow “assumption of risk” as a defense at all.

Compensation for Injuries

If liability is established, injured parties may be entitled to compensation for various damages, including:

Medical Expenses: Compensation for past and future medical bills, including hospital stays, surgery, and rehabilitation.
Lost Wages: Reimbursement for lost income due to the inability to work.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
Punitive Damages: In some cases, punitive damages may be awarded to punish the theme park for egregious negligence.

Statute of Limitations

It’s important to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In Kentucky, the statute of limitations for personal injury claims is one year. Missing this deadline could mean losing the right to pursue compensation.

Case Examples

$25 Million – Disneyland Settlement for Fatal Incident (Anaheim): Disneyland reached a $25 million confidential settlement after a park visitor was struck by a metal cleat that detached from a sailing ship ride, resulting in a fatal head injury. The case involved claims of negligent maintenance and design flaws.
$15 Million – Six Flags Magic Mountain Ride Injury (Valencia): A Six Flags Magic Mountain visitor secured a $15 million settlement after a roller coaster malfunction caused them to be thrown from their seat. The rider suffered permanent spinal cord damage resulting in paraplegia.

Seeking Legal Assistance

If you or a loved one has been injured in a roller coaster accident, it is crucial to seek legal assistance from an experienced personal injury attorney. A qualified attorney can:

Evaluate the merits of your case
Investigate the accident and gather evidence
Negotiate with the theme park’s insurance company
File a lawsuit and represent you in court

Conclusion

Roller coaster accidents can have devastating consequences, leaving victims with serious injuries and financial burdens. While theme parks have a responsibility to ensure the safety of their visitors, accidents can still occur. If you have been injured in a roller coaster accident due to the negligence of a theme park, you may be entitled to compensation. Consulting with an experienced personal injury attorney can help you understand your legal rights and pursue the compensation you deserve.