Roller Coaster Accidents: Are Pre-Existing Conditions a Factor in Liability?

Each year, millions of thrill-seekers flock to amusement parks, eager to experience the adrenaline rush of roller coasters. While amusement parks strive to ensure the safety of their guests, accidents can and do happen. According to the International Association of Amusement Parks and Attractions (IAAPA), the odds of dying on a roller coaster are about one in 750 million, but injuries, though less frequent, can still occur. When accidents happen, the question of liability arises, especially when a rider has a pre-existing medical condition. Can a pre-existing condition affect a personal injury claim after a roller coaster accident? Let’s explore this complex issue.

Understanding the Potential Dangers of Roller Coasters

Roller coasters are designed to be thrilling, and that thrill often comes from high speeds, sudden drops, and sharp turns. These forces can put significant stress on the body. Common injuries resulting from roller coaster accidents include:

Whiplash and other neck, head, and back injuries.
Lacerations, bruises, broken bones, and torn ligaments.
Traumatic brain injuries (TBI).
Stroke and brain aneurysms.
Heart problems.

While these injuries can happen to anyone, individuals with pre-existing conditions may be at a higher risk or experience more severe consequences.

Pre-Existing Conditions: What Are They?

A pre-existing condition is any health issue that a person has before an accident occurs. These can range from minor ailments to serious chronic illnesses. Some examples include:

Heart conditions.
Back or neck problems.
Spinal injuries.
Brain injuries or neurological disorders.
High blood pressure.
Joint problems.

The Question of Liability: Negligence and Duty of Care

When a roller coaster accident occurs, determining liability is crucial. Amusement parks have a legal duty of care to ensure the safety of their guests. This duty includes:

Maintaining rides in safe working condition through regular inspections and maintenance.
Properly training staff to operate rides safely and enforce safety rules.
Providing clear and visible warning signs about the risks associated with each ride, including height, weight, and health restrictions.
Ensuring the premises are free from hazards.

If an amusement park breaches this duty of care and that breach leads to an injury, the park can be held liable for negligence. To prove negligence, the injured party must demonstrate:

Duty of Care: The amusement park had a duty to ensure the safety of its guests.
Breach of Duty: The park failed to meet this obligation.
Causation: The park’s breach of duty directly caused the injury.
Damages: The injured party suffered damages as a result of the injury, such as medical expenses, lost wages, and pain and suffering.

How Pre-Existing Conditions Complicate Liability

When a rider with a pre-existing condition is injured on a roller coaster, the question of liability becomes more complex. The amusement park might argue that the injury was caused or exacerbated by the pre-existing condition, rather than by their negligence.

Here are a few ways pre-existing conditions can affect liability:

Causation: The park may argue that the pre-existing condition was the primary cause of the injury, or that it made the rider more susceptible to injury.
Damages: The park may try to reduce the amount of compensation by arguing that some of the damages, such as medical expenses or pain and suffering, are attributable to the pre-existing condition, not the accident.
Foreseeability: The park may argue that they could not have foreseen that a person with a particular pre-existing condition would be injured on the ride.

The Eggshell Plaintiff Rule

Despite these challenges, injured riders with pre-existing conditions are not without recourse. The “eggshell plaintiff” rule, a legal principle recognized in many jurisdictions, states that a defendant is liable for all damages caused by their negligence, even if the plaintiff was more susceptible to injury due to a pre-existing condition. In other words, the defendant takes the plaintiff as they find them.

This means that even if a rider’s pre-existing condition made them more vulnerable to injury, the amusement park is still responsible for the full extent of the damages caused by their negligence.

Proving Your Case with a Pre-Existing Condition

If you have a pre-existing condition and were injured on a roller coaster, it’s crucial to gather strong evidence to support your claim. This evidence may include:

Medical Records: Comprehensive medical records documenting your pre-existing condition and any treatment you received.
Expert Testimony: Testimony from medical experts who can explain how the roller coaster accident aggravated your pre-existing condition or caused new injuries.
Witness Statements: Statements from witnesses who saw the accident and can testify about the park’s negligence.
Incident Report: A copy of the incident report filed with the amusement park.
Photographs and Videos: Photos or videos of the accident scene, the ride, and your injuries.

Advice

Be Honest and Upfront: Disclose your pre-existing condition to your attorney and medical providers. Honesty is crucial for building a strong and credible case.
Seek Immediate Medical Attention: Get prompt medical treatment for your injuries. This will not only help you recover but also create a clear record of your injuries and their connection to the accident.
Consult with an Experienced Attorney: A personal injury attorney with experience in amusement park accident cases can help you navigate the legal complexities, gather evidence, and build a strong case to maximize your chances of recovering fair compensation.
Follow Ride Rules and Warnings: Adhere to all posted rules, warnings, and guidelines provided by the amusement park. Negligence on the part of the rider can reduce the amount of compensation.
Report the Incident: Make sure to report the incident to the amusement park and obtain a copy of the incident report.

Recent Events

In a recent incident, a 32-year-old man died after riding the Stardust Racers roller coaster at Universal Epic Universe in Florida. The man had a pre-existing spinal condition and used a wheelchair. While state investigators have aligned with Universal’s findings that the ride was working correctly, the man’s family has hired an attorney to investigate the circumstances surrounding his death. This case highlights the complexities involved when pre-existing conditions are a factor in amusement park accidents.

Conclusion

Roller coaster accidents can result in serious injuries, and the question of liability can be particularly complex when a rider has a pre-existing condition. While amusement parks may try to argue that the pre-existing condition was the primary cause of the injury, the eggshell plaintiff rule protects injured riders and ensures that they are compensated for the full extent of the damages caused by the park’s negligence. If you or a loved one has been injured on a roller coaster and have a pre-existing condition, it is essential to seek legal advice from an experienced personal injury attorney to protect your rights and pursue the compensation you deserve.