Customers at amusement parks assume that safety inspections are taken care of by park owners and state regulators, but recent revelations of inadequate safety precautions has some customers feeling they should conduct their own research. There are no real ways to do that other than conduct actual physical inspections of a ride, since many records and permits are never displayed for public view.
How Does a Park Customer Research Ride Safety?
This fact was underscored by comments from one official in the state of Tennessee when asked how parents should respond to unknown risks: “If you’re going to take some kind of ride where you are putting yourself in danger a little bit…I would do some research on your own.” This is quite a statement from a government official who is supposed to be regulating the industry, and overseeing safety inspections. However, she did not offer any real ideas on how to do that research.
When asked about the department for state safety inspections her response was: “Not only did they not have any staff, but they did not seem to know exactly how many amusement rides there were, how many they’re supposed to be keeping up with.” Those are not exactly reassuring words for those who are thinking about a day of fun at the amusement park.
Here are the recommendations for anyone thinking of getting on a roller coaster or any other type of thrill ride:
This list sounds more like a job description for a ride supervisor and safety inspector. The task of ensuring safety should not really fall on the shoulders of those who pay high ticket prices for amusement parks. And it does raise the question of what to do if one suspects a ride is unsafe. Leave the park? Tell other customers nearby? Alert park owners? Call state regulators? In other words, if customers are responsible for safety, how far does that extend?
Who is Liable for Lack of Safety Inspections?
Liability for amusement park injuries is not always clear. Often, a customer will contribute to an accident by not following instructions, entering restricted areas or otherwise increasing the hazard through their own actions. However, amusement park owners and employees are the only ones in a position to inspect and maintain rides for safety, including the training and conduct of ride operators.
It is a concern when state regulators begin to suggest that customers at parks should be responsible for their own research and inspection processes. This situation would be similar to suggesting that new car owners should have their vehicles inspected for potentially defective parts.
Any business that offers goods or services in the marketplace has a duty to provide a reasonable level of safety and oversight. Government regulations exist to provide standards that define what is ‘safe’ or not. Failure to inspect, maintain records or otherwise ensure safety is not really the customer’s fault.
In 2008, a man in Valencia, California was hit by a rollercoaster at Six Flags Magic Mountain amusement park. He suffered a traumatic brain injury and filed suit against the park for negligence. In the seven years since the injury there have been two trials and an appeal of the second verdict in favor of Six Flags. However, the California appellate court upheld the lower courts ruling, and Six Flags avoided liability despite the grave nature of the injuries.
When Victims Contribute to the Cause of Their Injuries
This is an interesting case as the verdict relied directly on the actions of the victim in contributing to his injuries. He had actually already ridden the rollercoaster, and exited, but then entered a restricted area to retrieve a baseball cap that had fallen off of his head during the ride. Park employees told him not to enter the area, but he ignored them and went after his hat, scaling two fences in the process. At that point the rollercoaster hit him, and caused the injuries.
The situation is a bit different from scenarios where riders are actually injured during a ride, or spectators suffer injury from ride components that break free. The question before the court revolved around whether the park had done everything possible to warn of the danger of entering the area, as well as erecting sufficiently daunting barricades. The court decided that it was not required to make the area completely ‘impenetrable’, and that the victim had contributed to his fate by deliberately ignoring the warnings of park employees.
Negligence Lawsuits Must Be Based on Unreasonable Standard of Care
The core of a negligence lawsuit is whether the park used a reasonable standard of care in preventing injuries to attendees. Every park has areas that are off limits, and as long as there are clear warning signs, fences or barricades then it is hard for accident victims to claim they were exposed to unforeseen danger. There remains the question of whether the rollercoaster design brought it too close to areas where riders or spectators might wander, but the court seemed to feel that was not a central issue.
The ruling against the victim underscores how risky litigation can be, especially when protracted over many years. One has to assume that at some point the man did receive some type of settlement offer, but by holding out for a large damage award he ended up with nothing to show for eight years of court litigation.
For all of the sensational headlines about thrill ride accidents, the most frequent type of accident at large theme parks is the simple slip and fall. A Florida newspaper recently did an investigation into the major theme and amusement parks in that state, and found that almost half the lawsuits filed were for injuries from customers slipping or tripping. While theme parks like Disney World are not noted for their high-speed rides, there are still ample opportunities for injuries from all types of rides. However, the statistics show that just as many people are injured walking around the park as on a ride.
Premises Liability: The Basis For Most Theme Park Lawsuits
The slip and fall lawsuit is part of premises liability law, where property owners owe a duty to visitors to maintain a reasonably safe environment. This is especially true if there are unsafe conditions caused by poor maintenance, employee negligence or failure to warn guests of potential hazards. Of course, sometimes a guest fails to be careful or watch where they are going, and that is even more true at theme parks where there is so much to look at as well as large crowds.
Interestingly, almost 75% of the plaintiffs surveyed in Florida waited over a year to file their lawsuit. In some cases that is because they live in other states, or were attending to their medical needs before talking to a lawyer. This is usually a mistake, and if one is injured at an amusement park it is best to contact a lawyer right away to begin assessing the case and talking to insurers.
Theme Park Lawsuits Often Delayed
Delaying a lawsuit for any reason can work against the plaintiff, as it becomes more difficult to investigate, memories start to dim, and the legal claim begins to look more like an afterthought than a valid claim for damages. Not all slip and fall cases succeed, and it may be more difficult to secure a settlement than for a more dramatic accident involving one of the rides. Injuries sustained on a roller coaster are rarely the sole fault of the rider, and there is almost always some type of problem with ride maintenance or employee actions.
The other characteristic of theme park lawsuits is that most settlements are kept secret as part of the arrangement. In this way, potential plaintiffs and their lawyers have no way of knowing the settlement policy or amounts offered previously. The parks obviously expect some level of legal activity given the number of people that visit each year, and have a strategy in place for vetting and settling certain types of cases. Even if they don’t settle, it may be years before a case reaches trial, further complicating the injured party’s claim and offering no relief for medical bills or lost wages from their injuries. Anyone injured in a theme or amusement park should contact a lawyer today, and not delay the potential payment of a claim.
The ferris wheel is one of the most recognized carnival rides, and has been around for many decades. Although it can’t compete with high-speed roller coasters for sheer excitement, there is an appeal to ferris wheels that many cannot resist.
However, this does not meant that ferris wheels are any safer than high speed rides, since they may lack the safety measures to keep riders safe. Regardless of the speeds involved, amusement park owners owe the same duty of care to riders on a ferris wheel, and can be held liable if they failed to provide safety restraints or warnings of possible hazards.
Here are a few examples of ferris wheel accidents from around the world:
Many Ferris Wheels Lack Safety Restraints
Several of these accidents could have been prevented by more secure safety restraints, or those that cannot be undone by riders. A simple seatbelt or lap bar can be removed, and in many cases the riders release themselves and then stand up or start moving around. The slow speed of a ferris wheel give the impression that it is completely safe, and an accident seems hard to imagine for riders.
A part of the problem is that the only thrill aspect of the ferris wheel is the height, and the sensation of ascending and descending in a smooth manner. For riders who are used to modern thrill rides, the ferris wheel may seem boring, and they try to enhance the experience through standing up or even climbing down the support structure of the ferris wheel.
This is difficult to prevent if the safety restraints are ‘rider optional’ and can be easily removed. Ferris wheels like all amusement park rides are subject to inspection, but it seems most accidents occur as a result of rider poor judgment or inability to sit still. Every ferris wheel should have some type of restraint, or there is a persistent risk of a fall. Young children especially should be accompanied by an adult who can keep them in the basket, and there should be warning signs about standing up, moving around or removing safety restraints.
Between 1990 and 2010 there were over 90,000 injuries at amusement parks. The reports of high speed rides causing injuries receive the most attention, but the truth is that roller coasters only account for 10% of amusement park injuries. The highest percentage of injuries occur on carousels, about 4000 per year or 20% of the total. Most of those injuries are caused by simple falls, and may be the reason that one-third of all amusement park injuries happen to children under five years old.
Because Carousels Seem Innocuous, Supervision May Be Lacking
Using the above statistics, the carousel is the most dangerous ride at an amusement park, as most likely to cause an injury. This fact does not match the image of the benign carousel horses slowly bobbing up and down as they circle around. Evidently, carousel horses are as hard to stay on as real horses and many children simply fall off.
The question arises as to why so many young children fall off of carousels, when they seem like the safest ride imaginable. One reason may be their apparent safety when compared to the higher speed thrill rides available. Parents and family members may not accompany young children on the ride, and can be lulled into complacency by the slow pace.
Safety Measures Lacking on Carousels
Rarely is there a safety restraint or lap bar on a carousel, so a simple loss of balance can result in a fall and injury. By the time parents see the child slipping it is too late to catch them. If the child falls underneath the horse, it could injure them when it descends. The slow motion of the carousel means that the child will remain on the ride and not be thrown outward, so the ride has to be stopped to effect a rescue.
Operators of carousels don’t have the most exciting job at the park, and they too may not be as vigilant as their co-workers on the roller coaster. However, the persistence of injuries on a carousel would seem to dictate more serious safety measures. This is especially true since the insurance policies for carousels are actually higher than roller coasters. Obviously, insurance companies are aware of the danger and the potential for payment of claims.
There are ways that carousels could be safer, and the simplest measure would be a requirement that children under five always be accompanied by an adult. This would eliminate most of the falls, assuming that the adult could maintain their balance as well. Another solution might be some type of safety restraint for younger riders, such as a basket or seat with a lap bar.
Of course, these types of modifications require money, and park operators are typically hesitant to improve equipment unless required by insurers or regulators. In any case, the injuries are likely to continue on carousels, the most dangerous amusement park ride.
A little discussed type of amusement park is that which uses inflatable rides. Often these rides are shaped like animals or dinosaurs and are especially attractive to young children. Most of them are simple slides that both parents and children can ride together, but don’t really have any safety equipment to prevent injuries.
The Hidden Dangers of Inflatable Rides
The rides can operate like a playground slide, where riders line up and wait for the person in front to finish. When their turn arrives they just jump on and slide down. Because the rides seems so simple and don’t involve high speeds, they appear safer that other types of amusement park rides. However, between 2002 and 2007 there were 31,000 emergency room visits from inflatable rides, according to the Consumer Product Safety Commission. There were certainly many more that did not require a hospital visit or that went unreported.
These rides can be part of a fixed indoor park, or may be rented out for events or other celebrations. Often, there will not be an attendant on duty and safety is left up to the parents of children taking the ride. Injuries can result in several ways including:
One woman in Jacksonville, Florida broke her ankle when her leg shot through a hole in the ride, and her momentum crushed her leg. She filed a lawsuit against the ride operator for ‘negligent maintenance’ of the ride. Further investigation found that there were four other lawsuits filed over a three year span against the same operator, on the same ride with an identical defect. Obviously, maintenance was not a priority for the owner. However, there is a disturbing lack of regulation or oversight for this type of ride.
Consumer Product Safety Commission Safety Bulletin on Inflatable Rides
Although the danger presented from inflatable rides seems small, the Consumer Product Safety Commission issued a Safety Bulletin to all ride operators in 2001. The Bulletin outlined a number of recommended safety guidelines and procedures that were designed to minimize injuries to riders. Some of those included:
Inflatable rides appear innocuous, but the number of injuries sustained over the years demonstrates that they are far from safe in all situations. Just as with other amusement park rides, the issue safety comes down to ride maintenance, operator training and rider awareness of potential hazards. Failure to exercise this duty of care toward riders could expose owners and operators of inflatable rides to liability.
As injuries at carnivals increase, questions begin to arise about the cause of accidents that injure riders and spectators. The design and construction of safer rides should bring a decrease in injuries as manufacturing of ride components improves. This has brought attention on the operators of rides who are often temporary employees, and due to the short work season can be spending too many hours per week on the job.
Use of Migrant Workers at Carnivals
Many workers at carnivals are migrants, and they may work as many as 14 hours per day, 7 days a week. The nature of the carnival means that sometimes an entire operation must be moved in 48 hours to the next location. This can mean loss of sleep and fatigue that could easily contribute to accidents. The fact is that many of these workers are being taken advantage of by carnival operators since they don’t speak English and may not understand their rights under labor laws.
Several public interest groups have filed lawsuits and complaints against carnival owners for violating the rights of these workers. The simple fact that the work conditions have attracted this kind of interest should be a red flag for regulators. Typically, the state agencies that handle carnivals focus on equipment inspection and the existence of liability insurance, rather than employee relations and working conditions.
Operator Fatigue Can Cause Accidents
Since almost 30% of accidents are caused by operator error, fatigue can easily play a role in causing injuries to riders. A simple mistake or lack of attention can put riders at risk from sudden stops, other riders or failure to engage safety equipment. The fact that the most critical aspect of a carnival’s safety is left to overworked operators suggests that carnival owners are putting riders in jeopardy in order to save on labor costs.
Some of the injuries are life altering, such as the teenage girl who was hurt when another car slammed into hers on a roller coaster. The car had been sent by a fatigued operator who simply failed to notice the other car on the track. The girl suffered back and neck injuries that are typical of high speed collisions, and continues to have ongoing complications from the accident.
There are lawsuits in these cases, but often they settle for low amounts given the uncertainty around establishing negligence or causation. Riders do bear some risk on a carnival ride, and expect some level of hazard. However, it is difficult to prove that an accident may have been caused by operator fatigue or unfair work conditions. Even if the operator was working long hours, a more direct link would be needed to establish liability for the carnival. Simply being inattentive might not be enough to show fault, especially if there were other contributing factors.
Every 21 seconds someone suffers a traumatic brain injury (TBI) and often those injuries go undetected until a later time. Some TBIs are ‘closed’ with no apparent wound or outer sign, but can lead to serious complications if left untreated. A mild brain injury can occur from violent motions, sudden stops or accelerations; all commonly found on high-speed amusement park rides.
The danger is highest for young children who are susceptible to TBI from rides that are unsuitable for their age. The force of the head whipping back and forth on a ride such as a roller coaster, could result in a TBI from the force alone. The brain is actually being moved inside the skull in a way that could cause damage to the tissue. There are warning signs such as speech or behavioral changes that might occur shortly after a TBI.
These types of injuries are preventable by adhering to the age and height guidelines posted at many rides in amusement parks. The problem is enforcement, where ride operators may not know the exact age of a child, or the parents assure them ‘its ok’. Typically, the child will be insistent to go on the ride, so circumstances can add up to a bad decision that places the child in danger. Ride operators and employees have the discretion to prevent young riders from entering, and if they know that a child is too young then the amusement park could find itself liable for any injuries that occur.
Water slides can also pose a threat where the rider can slam into the sidewalls causing injuries. Almost any ride that involves high speeds and exposes the head can cause a TBI. These injures are not limited to children, and adults can experience the same trauma and symptoms. Some common symptoms of TBI are:
Family members should be observant for these signs after a visit to an amusement park, especially if there were high speed rides involved. Any display of TBI symptoms should prompt a visit to a doctor for an exam.
Lawsuits for TBI related accidents have been limited to sports such as football, where many players are experiencing lifelong disability due to repeated blows to the head. Although the contact can be extreme in some sports, those victims are highly trained adult athletes, and still succumb to TBI related problems. Children at an amusement park are far more vulnerable, and a single blow to the head at high speeds could have devastating consequences. The best policy is to prohibit children from dangerous thrill rides until they are old enough to withstand the extreme forces. Otherwise a fun day at the amusement park could have long lasting consequences.
While most amusement parks are making efforts to offer both safe and exciting rides, one park re-opened this summer in New Jersey that has a history of danger for attendees. The Mountain Creek Ski Resort and Water Park has been re-named Action Park, and has a tough reputation to overcome.
It had been named the world’s most dangerous amusement park after it was the scene of six deaths, numerous injuries and countless lawsuits between 1978 and 1996. In 1987, up to 10 people a day were being brought to emergency rooms from the park. There were so many injuries that the park owners ended up buying additional ambulances for the nearby town of Vernon, just to keep up with demand. Action Park was nicknamed “Traction Park” for the splinting of broken bones that seemed to occur with frequency.
The old park went into bankruptcy years ago, presumably from the many lawsuits filed by injured riders, and poor management. When it closed it was $40 million in debt, but the owner had still denied many claims by holding up cases in court for years. He even tried to establish his own insurance company in the Cayman Islands to cover liability, but was then accused of insurance fraud.
The New Action Park: Safer But Still Thrilling?
The new owners claim that the park has new levels of safety after an investment of $5 million on new rides, and eliminating some of the most dangerous elements. Still the new Action Park has rides suited to any thrill-seeker and the website has a full page of rules, warnings, height restrictions and disclaimers for park attendees. Despite those precautions, alcohol is freely available to riders. Some of the rides include:
Naturally, there are many people drawn to adventure-style amusement parks, but the task of maintaining safety is even more pronounced. Riders are left in control on many of the rides, such as Tarzan swings and tubing rides, an element eliminated in many amusement parks. This may be part of the appeal of Action Park, where riders can get an experience that is not available in the average amusement park.
Despite this there were only 26 injuries this year for Action Park’s opening, so there seems to be a new attention to safety and employee training that was lacking before. The park benefitted from the media attention given to its predecessor, and its reputation certainly drew many people to try out the adventure theme park.
A recent carnival in El Paso, Texas hosted by a local seminary, saw two teenagers injured when they fell off a ride called the Sidewinder. The Sidewinder has a small basket that is enclosed, and is supposed to keep the riders safe while the basket spins around at the end of extended ‘arms’ on the ride. The ride is designed for the basket to spin and flip upside down for to give the ride an excitement factor. In the accident, the door to the basket came open while the ride was in motion and both teenagers fell about 12 feet to the ground. One of them was seriously injured from the fall, but both survived.
Cause of the Accident May Have Been Due to Operator Negligence
Witnesses to the ride stated that the ride operator had not locked the door to the basket, which is why it sprung open. Other bystanders thought the riders had not fastened their seat belts and when their combined weight hit the door it released. Even if the second version is true, the ride operator had a responsibility to make sure the riders were secured by all safety equipment, including seatbelts. Use of restraints in carnival rides is not ‘user optional’, and must be fastened as part of the rules governing safety. In addition, The doors should have strong enough locks to withstand a rider’s body weight shifting against the door.
Although carnival rides are regulated, there are no rules on who is allowed to operate the ride. In other words, new or untrained employees could pose a threat to safety simply due to their inexperience or lack of skill. Because of the facts in this accident, the primary cause appears to be operator error, and not equipment malfunction. However, a ride’s door should not easily come open when the ride is in motion, and it may be that the type of lock was inadequate to sustain the riders’ body weight against it.
Carnival Ride Compliance in Texas
Apparently, the owner of the traveling carnival ride was ‘in compliance’, which only means that there had been an annual inspection for ride safety and operation. This requirement is imposed by the Texas Department of Insurance, which regulates carnival rides and requires $1 million in liability insurance. The only other requirement is for a daily log to be kept by the operator of any problems or issues with the equipment. This essentially amounts to a ‘self-inspection’ by the operator, and does not impose any regulatory oversight since the log never has to be submitted for review. The log is only available for police investigation, presumably after an accident has occurred.
This type of traveling carnival will move between communities for celebrations, holidays and fundraisers. For this reason, there may be more employee turnover since the business is seasonal or requires frequent travel. This is a different situation than the permanent amusement park that offers a greater sense of security through employee safety training and ongoing maintenance procedures.