Theme Park Safety Regulations: Are Parks Doing Enough to Prevent Injuries?

Millions of people visit theme parks each year, seeking thrills and creating lasting memories. However, beneath the surface of fun and excitement lies the potential for accidents and injuries. While theme parks strive to provide a safe environment, the question remains: Are theme park safety regulations enough to prevent injuries?

The Reality of Theme Park Injuries

While serious injuries are rare, they do occur. According to a Congressional office, roughly 22,000 people are injured at amusement parks and treated in hospitals annually. In 2022, estimated fixed-site ride-related injuries totaled 1,390, with 19% classified as serious. While the odds of being injured on a ride are statistically low (less than one in a million), the potential for harm exists, prompting a closer look at safety measures and their effectiveness.

Understanding Theme Park Safety Regulations

Amusement park safety in the United States is governed by a mix of voluntary standards and federal, state, and local laws. The U.S. Consumer Product Safety Commission (CPSC) is authorized to investigate accidents and work with manufacturers to correct defects or hazards, but this authority only extends to mobile rides and devices. Rides at fixed-site amusement parks and water parks are exempt from federal safety oversight.

This means that the responsibility for establishing safety audit and inspection programs for amusement rides within their jurisdiction falls on state and local governments. Currently, 44 states regulate amusement parks, while Alabama, Mississippi, Montana, Nevada, Wyoming, and Utah do not.

Key Elements of Effective Theme Park Safety Regulations

Effective theme park safety regulations should encompass several key elements:

Alignment with Established Ride Safety Standards: Regulations should align with established ride safety standards, such as those developed by ASTM International (formerly the American Society for Testing and Materials).
Designation of an Authority Having Jurisdiction (AHJ): An AHJ should be designated to oversee and enforce safety regulations.
Enforcement of Third-Party Inspections: Independent, qualified professionals should conduct scheduled inspections to complement routine inspections performed by on-site staff.
Mandatory Incident Reporting: Amusement park owners or operators should be required to report any incident resulting in serious injury requiring an overnight stay in a medical facility to the AHJ.
Promotion of Post-Incident Reviews: Thorough reviews should be conducted after incidents to identify contributing factors and implement corrective actions.
Inclusion of Rider Responsibility Guidelines: Clear guidelines outlining rider responsibilities should be established and communicated to guests.
Regular Inspections: Routine inspections and maintenance should be conducted to identify potential hazards and ensure rider safety.
Training and Qualifications: Operators must train and qualify all staff to safely operate and maintain amusement rides.
Recordkeeping: Accurate records of inspections, maintenance, and staff training should be maintained to demonstrate compliance with regulations.
Communication: Clear communication of safety procedures and a system for reporting issues are vital for safe ride operations.

Common Causes of Theme Park Accidents

Amusement park accidents can stem from various factors, including:

Mechanical Failures: Malfunctioning equipment, faulty components, worn-out parts, or unexpected malfunctions can lead to serious injuries.
Design Flaws: Poorly engineered structures, inadequate safety features, or improper operational mechanisms can increase the risk of accidents.
Operator Error: Mistakes during ride operation, failure to follow safety protocols, improper securing of guests, or insufficient training can compromise guest safety.
Inadequate Maintenance: Insufficient maintenance and infrequent inspections can result in undetected mechanical issues or potential hazards.
Rider Negligence: Ignoring safety rules, posted warnings, or tampering with restraints can lead to accidents.
Slips and Falls: Slippery surfaces, tripping hazards, and uneven walkways can cause falls, resulting in injuries.

Who is Liable for Theme Park Injuries?

Determining liability in theme park accidents depends on the circumstances. Potential liable parties include:

Theme Park Owners and Operators: They have a duty to maintain a safe environment for visitors, including regular inspections, prompt repairs of hazards, and proper employee training.
Ride Manufacturers: They can be held liable for defective rides or broken mechanical parts due to product liability.
Employees: The amusement park is generally liable if a ride operator caused injuries due to negligence under vicarious liability laws.
Property Management Company, Tenant Leasing or Subleasing a Property, Contractors and Subcontractors Working on a Property: They can be liable if their negligence contributed to the accident.

What to Do After a Theme Park Injury

If you’re injured at a theme park, take these steps:

Seek Medical Attention: Prioritize your health and get prompt medical evaluation and treatment.
Document the Incident: Take photos of the accident scene, equipment, and your injuries. Gather witness information.
Report the Injury: Notify park management and file an incident report.
Consult an Attorney: An experienced personal injury attorney can help you understand your rights and pursue a claim.

Tips for Staying Safe at Theme Parks

While theme parks have a responsibility to ensure safety, visitors can also take steps to protect themselves:

Follow the Rules: Obey all posted rules, height and weight restrictions, and instructions from ride operators.
Use Safety Equipment: Always use seat belts, shoulder harnesses, lap bars, and handrails. Check them before the ride starts and don’t attempt to loosen them.
Keep Body Parts Inside: Keep arms, legs, and feet inside the ride at all times.
Secure Loose Items: Secure loose articles like hats, glasses, and wallets before riding.
Stay Hydrated: Drink plenty of water to prevent dehydration, which can increase the risk of injury.
Take Breaks: Take breaks between attractions to avoid fatigue, which can impair judgment and coordination.
Supervise Children: Closely supervise young children to ensure they follow safety rules and behave appropriately.
Speak Up: If you’re unsure about something or suspect a danger, speak up and ask questions.
Know Your Limits: Be aware of your physical limitations and avoid rides that may aggravate existing conditions.
Watch the Ride: Watch the ride with your child before boarding.
Pay Attention to Attendants: Heed instructions given by ride operators or provided by recorded announcements.

Are Theme Parks Doing Enough?

While theme parks have implemented numerous safety measures, the question of whether they are doing enough remains a subject of debate. The occurrence of accidents and injuries, even if infrequent, suggests that there is always room for improvement.

Areas for potential improvement include:

Increased Federal Oversight: Establishing federal oversight of fixed-site amusement park rides could help ensure consistent safety standards across the country.
Enhanced Training: Providing more comprehensive training to ride operators and employees could reduce the risk of human error.
Stricter Enforcement: Enforcing existing safety regulations more rigorously could deter negligence and promote compliance.
Greater Transparency: Making ride safety records more accessible to the public could increase accountability and encourage parks to prioritize safety.
Advanced Technology: Implementing advanced technologies for ride inspection and maintenance, such as non-destructive testing methods, could help detect potential problems before they lead to accidents.

Conclusion

Theme park safety is a shared responsibility. While theme parks must adhere to safety regulations and maintain a safe environment, visitors must also follow the rules and exercise caution. By working together, theme parks and visitors can minimize the risk of accidents and injuries, ensuring that these popular destinations remain places of fun and enjoyment for everyone.