New Law for one of few US States that had no Amusement Ride Safety Regs

The carnival ride injury attorneys at Denena Points, PC wonder why it always seems to require a serious accident and sometimes multiple deaths and injuries before lawmakers take action on safety? Last week in South Dakota, one of the few U.S. states that still had no amusement ride safety regulations at all, the governor signed the “Carnival Safety” bill into law. The law becomes effective this summer.

KSFY News reports that the move to oversee carnival ride safety resulted after an accident, when their investigation revealed that the state didn’t have any laws regulating the safety of carnival rideslike that where the accident occurred. (Mark Roper, 3/12/14) They approached a state Representative to sponsor the bill. And a state Senator who runs a family entertainment center also stepped up to co-sponsor the bill. (Though we note, perhaps cynically, that he did not jump in to sponsor such a bill prior to action by others.)

The new law will require ride inspections and liability insurance for ride owners. The news report indicated that the SD law might be similar to the laws in other states, allowing traveling carnivals some predictability regarding safety requirements and procedures. And allowing riders some assurance regarding their safety.

Also last week, South Dakota joined the ranks of U.S. states with a statewide ban on texting while driving. South Dakota seems to be taking serious steps to ensure local safety. We hope other states that have lagged behind in these areas will take heed and follow their lead. Our carnival ride injury attorneys especially note our home state of Texas, which has been reluctant to take strong steps on banning handheld device use while driving.

Man Seriously Injured in Fall from Indoor Roller Coaster in WI

Friday around 5:30 p.m., a 64-year-old man was somehow ejected from the Opa! roller coaster ride and fell almost 20 feet to the ground below. A witness told reporters at NBC 15 that the seriously injured man was breathing but unconscious and bleeding badly with wounds to both the head and arm. The man was airlifted to a Madison, Wisconsin trauma center. The thoughts and prayers of the roller coaster injury attorneys at Denena Points, PC are with the injured man and his family, hoping for his safe and complete recovery.

The accident occurred at the indoor Mount Olympus Theme Park and Water Park Resort. Three other people were on the ride with the man who was ejected, but they remained uninjured. The Opa! roller coaster was shut down until further notice after the accident, though the park generally continued to be open.

At this time, information regarding the cause of the accident has not been released. The ride’s manufacturer was coming to inspect the ride, and inspectors from the WI Department of Occupational Safety and Health were also looking into the cause behind the man’s fall from the roller coaster. (Lydia Mulvany, Journal Sentinel; nbc15.com; and WISN 12 News, 3/7/14

Our roller coaster injury attorneys mention that the ride’s manufacturer may have taken the step to quickly begin its own independent investigation into the serious Wisconsin Dells accident after seeing the attempts Six Flags theme park in Texas has made to place the blame for last summer’s fatal fall from a roller coaster onto the company that made the ride. Click the link to learn more about the ongoing controversy over where to place the blame in the tragic Six Flags roller coaster accident.

Another Vortex Victim, this one a Worker, in Critical Condition in NC

The North Carolina State Fair closed on Sunday. Our ride accident injury attorneys note that on Monday, workers began disassembling and taking down the rides. The Vortex ride operated by Family Attractions Amusement Company had been closed since an accident on Thursday that seriously injured 5 people. But there was another Vortex ride on the midway that had been part of the North Carolina State Fair for several years and apparently was not operated by Family Attraction Amusement Company.

That ride’s large and heavy seating section collapsed Monday morning on top of one of the workers disassembling it, trapping his pelvis and legs under the heavy equipment. The worker had to be freed from the heavy ride parts and was in critical condition in the intensive care unit of the same hospital that received some of the injured riders from the other Vortex accident. (Source: Robert Willett, News and Observer via the Associated Press, usnews.nbcnews.com, 10/28/13) Our hearts and prayers are with the injured worker.

Should the North Carolina State Fair continue its tradition of having a Vortex ride on the midway in coming years, the ride accident injury attorneys at Denena Points, PC wonder how many will dare to ride it. The Vortex accidents’ proximity to the Halloween season almost makes it seem as if the Vortex has a mind of its own, and that mind is not kindly disposed to people.

In the second Vortex accident it was a worker injured, and not fairgoers. For safety reasons, we would think that ride assembly and disassembly should be done in accordance with tried and true procedures. And that workers would have proper safety equipment. Details we could find were very sketchy about what happened in this accident. And our ride accident injury attorneys wonder: what went wrong? What safety procedures failed, were ignored, or were simply not in place at the time of the accident?

Click the link to read about the first Vortex accident at the North Carolina State Fair just a few days before that resulted in injuries to five people and the arrest of the ride operator after investigators found evidence of tampering with safety devices. Authorities indicated that the ride had been tampered with after its last inspection in order to keep the ride operating. It seems obvious to us that if you have to disable safety features in order to encourage a ride to keep working, it’s time to shut that ride down. It’s sad that many of the pressures of modern society skew our priorities in such a way as to blind us to safety concerns. The ride accident injury attorneys at Denena Points, PC see it occurring everywhere all the time, but people almost never take note unless it ends in a particularly horrific accident.

Every morning as workers afraid of being late to their jobs speed and take chances on the road, accidents occur that injure others. The crashes reveal the same sort of skewed decision-making process at work. It’s better to arrive late at work than not at all. And we’d suggest that it’s better to lose a few hundred or even a few thousand dollars shutting down a faulty ride than to have to pay millions in damages after a perfectly avoidable accident.

Why Connecticut Ride Regulations didn’t prevent Serious Zumur Injuries

Continued from Part 1. Connecticut law requires all carnival and festival ride operators to get a license from the state’s Department of Consumer Protection (DCP) in order to operate rides at a specific event. The application has to be submitted at least 10 days before the day the event starts.

The carnival ride accident lawyers at Denena Points, PC mention that Stewart Amusements, the owner of the Zumur swing ride, had complied with that law. It had submitted its application on August 12^th for the Festival that ran from September 6^th through the 8^th. The application fee was $200.

The DCP approved the application, contingent upon the results of an inspection to be conducted at 9 in the morning on the Friday that the Festival began. Detectives from the Fire Marshal’s office inspected the ride.

On State Regulations Requiring Liability Insurance for Ride Operators

Stewart Amusements also had to provide proof of financial responsibility (liability insurance) in case of an accident. You can see why insurance is a requirement of the laws. Ride accidents very rarely happen. But when they do, they can seriously injure multiple people quite severely, resulting in high costs to everyone.

Stewart Amusements had also complied with the insurance regulation. It had already submitted evidence in April to the state’s Department of Insurance that it had coverage through March 2014. Our carnival ride accident lawyers remark that its coverage was through T.H.E. Insurance Company, which specializes in insuring carnival operators, amusement parks, and zoos. (Source: Dave Altimari and Christine Dempsey, The Hartford Courant, 9/9/13).

What are the Different State Laws Governing Ride Safety Inspections?

In the various U.S. states that actually have laws requiring ride inspections for safety, the agencies in charge of inspecting the rides vary. In Connecticut, they’re detectives from the Fire Marshal’s office. In Texas, they’re sent by the Texas Department of Insurance. In Florida, the large theme parks are allowed to conduct their own inspections.

Additionally, there is no consistent overall scheme for reporting and recording ride accidents and injuries throughout the United States. So when interested parties (like the carnival ride accident lawyers at Denena Points, PC) try to get an overall picture of just how many ride accidents occur each year, who they hurt, and why they occur, it’s extremely difficult. And the picture is always incomplete.

How do You find out about How Many Ride Injuries Occur and Who gets Hurt?

One tactic used is to survey hospital emergency rooms to see how many people came in reporting injuries from ride accidents and what type of injuries they had. But those surveys usually only reach a small sampling of the vast number of U.S. hospitals.

For instance, a 2012 survey of just 96 U.S. hospital emergency departments found 1,239 reported injuries from ride accidents. The ride accidents reported included those from large theme parks, small carnivals, state fairs, mobile rides, inflatable rides, water rides, and the kiddy rides you see sometimes at shopping malls or restaurants. The commission that did the survey estimates that in 2012, around 43,850 injuries resulted in the United States from carnival rides. 1,112 of those injuries were estimated to require hospitalization or end in death.

As only the most horrific of amusement ride accidents reach the news, you may find these high numbers of injuries from 2012 pretty surprising. And our carnival ride accident lawyers emphasize that not all of the injuries are from falls or crashes when rides malfunction. Some of the injuries result from stroke and cardiac problems when the extreme forces of a thrill ride overtake the body’s ability to compensate.

Get Smart on Ride Safety: Download our FREE Report and Contact Us with Your Ride Accident Questions

Take care and know your limits when you visit a theme park or a carnival with rides. Pay close attention to the safety notices and obey the warnings regarding height requirements or medical conditions. Download our free report to get some useful information on what to watch out for with amusement rides and how to help you and your family stay safe when you ride the rides.

Don’t hesitate to contact the nationwide carnival ride accident lawyers at Denena Points, PC for afree, no obligation initial legal consultation if you have urgent questions regarding a ride accident you or your loved ones have suffered. We’ll examine the specifics of the accident with you and evaluate your potential eligibility for a full financial recovery after your injuries. Watch our video on this page to learn how we have helped other families after ride accidents have changed their lives. Call us at 713-807-9500 or fill out our simple online contact form to schedule your free legal consultation.

How Differing State Regulations affected the Vortex and Zumur Riders

You may have just read about the horrific accident on the Vortex ride at the State Fair in North Carolina that critically injured several people. Our carnival ride accident lawyers caution that due to the extreme thrills amusement rides create for their passengers, with high speeds, abrupt turns, steep inclines, and portions of the ride spent sideways or upside down, it’s an unfortunate fact that on the rare occasions that something goes wrong with these rides, people can be severely hurt or killed.

Differing State Authorities over Ride Safety and What It Means for Riders

One of the problems with ensuring ride safety is the odd patchwork of state laws that govern ride safety. There is no overall federal authority for regulating rides and their safety. And some states have no regulations at all regarding amusement rides and no authority in charge of inspecting rides. You might want to learn a little about how differing state regulations affected the Vortex and Zumur riders before you jump onto your next thrill ride.

Our nationwide carnival ride accident lawyers at Denena Points, PC report that state authorities in North Carolina are still investigating to try to determine what went wrong with the Vortex to make it suddenly start up again while riders were unloading from the ride. Just a few weeks before that accident, you may remember that another serious problem occurred on the Zumur swing ride at the Oyster Festival in Connecticut.

The Zumur Ride in Connecticut Had been Properly Inspected just before its Serious Accident

In that instance, which was almost the opposite of what happened with the Vortex, the Zumur swing ride suddenly stopped in the middle of the ride. The force of the sudden stop hurled riders in their swings into each other and into the center support pylon, sending more than a dozen people to the hospital. Our carnival ride accident lawyers note that investigators determined that gears had worn down in the ride and caused a drive shaft in the engine to break.

But indications are that the Zumur ride had been adequately inspected as state regulations required, and that the ride owner followed all known manufacturer’s directions regarding maintenance of the ride. It seems that the successor in interest to the ride manufacturer, Chance Rides, might have been aware of the effect of long-term wear on the gears, but might not have notified ride owners until after the Zumur Oyster Festival accident.

When it comes to Thrill Rides, Concern for Your Safety is Strictly Voluntary

Due to the lack of overall regulatory authority over amusement rides in the U.S., ride safety standards are purely voluntary. (Though our carnival ride accident lawyers emphasize that most ride makers, owners, and operators comply in order to avoid potential financial liabilities from an accident.) And there’s no federal authority to compel a ride manufacturer to recall an unsafe ride or even issue a warning regarding the effects of certain long-term wear and tear. So even when a ride owner complies with all known maintenance guidance and all state safety regulations, a horrific accident still might occur due to ride defects or other causes. Go to Part 2 to learn about the specific requirements for ride safety in Connecticut and read about what happened with the Zumur ride.

The Problem with the Patchwork of State Amusement Ride Inspection Laws

If you love roller coaster parks, theme parks, and amusement parks in general, you might not be aware that many of them are operating under vastly different safety, inspection, and accident reporting standards. Our hayride injury lawyers note that in the United States, there is no overall scheme for assuring the safety and regular inspection of amusement rides. But the problem with the patchwork of state amusement ride inspection laws is that when an accident happens, it’s harder to get the data needed to hold negligent parties accountable. Or to understand why an accident even happened.

Each state can set its own standards for amusement ride inspections, safety, and accident reporting requirements. Some states have no inspection and reporting requirements for amusement rides at all. And Florida, home of many of the world’s biggest theme parks, allows large amusement parks to self-regulate. In the United States, we also allow Congress to self regulate. And you see where that has gotten us.

Over the weekend, a serious injury accident occurred on a hayride on the Layman Family Farms in Bedford County, Virginia. A tractor and the wagon it was towing suffered a rollover wreck, which trapped several people underneath leading to serious injuries. Inspectors had been at the Layman Family Farms 10 days before the catastrophic rollover. They were doing their job. But the hayride injury lawyers at Denena Points, PC note that their job only required them to inspect the actual amusement rides, like the jumping pillow and the slide.

The wagons and the tractors fell under a farm exemption, which meant they didn’t get inspected at all. But post-accident investigation showed that a spring on the tractor involved in the rollover had broken. Once the spring had sprung, the tractor would not stay in park and instead rolled out of park to end in a rollover accident. (Source: WSET.com ABC13, 10/16/13)

Our hayride injury lawyers emphasize that the farm exemption meant that the tractor had not been inspected prior to the opening of Layman Family Farms for the fall amusement season. Even though the tractor became part of an amusement ride, a state technicality exempted it from the inspection which might have discovered impending disaster before it occurred.

Maybe it’s time to consider a national scheme of amusement ride regulation and get everyone on the same page. Perhaps there might be a way to implement this without adding to the already bloated and useless national bureaucracy. Browse our webpage to read more information from our experienced hayride injury lawyers about the patchwork of state amusement ride safety schemesand its effect on your risk when you visit an amusement attraction.

On the Pattern of Roller Coaster Accident Deaths in America

A group of researchers took a careful look at the pattern of roller coaster accident deaths in Americaover the course of a decade to find out what was going wrong and what could be done about it. They found that, on average, four people died each year in the United States from roller coaster accidents.

Just this past summer, our roller coaster accident lawyers sadly note a woman’s tragic death at Six Flags in Arlington, Texas that captured attention for several weeks. The woman, Rosy Esparza, had complained that her safety restraint didn’t latch properly. Shortly afterwards, the safety restraint apparently opened and released her from her seat at the beginning of the first steep incline on the Texas Giant roller coaster. Ms. Esparza, who had been visiting the park with her family, fell about 7 stories to her death.

Falls, in fact, seem to be the leading cause of death among roller coaster accident victims who don’t succumb from internal medical conditions. The researchers found that of the decade’s 40 roller coaster deaths, 9 people fell or were ejected from the roller coaster in motion.

A Closer Look at the Pattern of Fatal Roller Coaster Accidents

The roller coaster accident lawyers at Denena Points, PC mention that 73% (29) of the fatal roller coaster accident victims were patrons of the rides. The other 27% were employees of the amusement parks.

• 11 victims died from external causes. 9 of these 11 died because they fell or were ejected from the roller coasters.
• One person on the ground was struck by someone in a moving roller coaster.
• Another person died from blunt abdominal trauma when the ride came to a sudden and forceful stop.

• Derailment or collisions caused 4 of the 11 fatalities.
• Rider misconduct like disabling safety restraints or entering forbidden areas caused 3 of the other deaths.
• 3 of the deaths happened after safety restraints failed.
• And the cause of one fatal accident was disputed.

We emphasize that around half of the 40 roller coaster ride deaths were caused by medical conditions: cardiac problems, asthma, and blood thinners for instance. (Source: Roller coaster related fatalities, United States, 1994–2004 – Pelletier and Gilchrist 11 (5): 309 – Injury Prevention.) Intracranial brain hemorrhage (stroke) and cardiac arrest are probably the two most common medical conditions triggered by the powerful forces of a roller coaster ride.

Understand Your Risk of Roller Coaster Ride Injury or Death

It’s important to understand the pattern of injury and death from roller coasters to understand your risk and know when to take precautions. If you have heart problems, respiratory problems, or a condition that requires treatment with blood thinners, our roller coaster accident lawyers point out that it might be safer for you to forego the thrill of the ride.

Failures of safety restraint systems and falls or ejection from the ride were also a major cause of death in the decade of studied accidents. Safety restraint systems are designed for the so-called average body size. If you are substantially overweight, you might want to avoid the ride, as the safety restraint system might not close properly for you. And never allow children to ride if they don’t meet the ride’s height and size requirements.

Whether you are an employee or a ride patron, you should always stay out of restricted areas, especially while the ride is in motion. Among employees and ride operators, being struck or trapped by the moving ride was the leading cause of death.

Should you or a loved one suffer injury on a roller coaster, knowing the pattern of accident causes could also help you and your roller coaster accident lawyer understand the cause of the injury and what to look for in proving your claim against the roller coaster park and its operators.

Learn more: contact the experienced roller coaster accident lawyers at Denena Points, PC for a free initial legal consultation regarding your serious ride injury.

We’ve helped grieving family members make full financial recoveries following needless, tragic roller coaster accidents, including the family of a man who fell to his death from a roller coaster at the Houston Livestock Show and Rodeo. Watch our video to hear their story. Contact our roller coaster accident lawyers anytime through our online contact form or call us at 713-807-9500 to schedule your free initial legal consultation to discuss your serious ride injury.

10 Water Park Safety Tips to Help You Enjoy Escape from the Texas Sun

Is there any place better to be in Texas in the middle of August than in a pool of nice, cool water? Water parks provide a great escape from the merciless Texas sun in August. To help you enjoy your visit to the water park with your family and friends, the Texas water park accident lawyers at Denena Points, PC provide the following 10 safety tips:

1. If a ride or pool area seems understaffed, or ride operators seem inattentive, avoid the pool or ride.

2. Stay hydrated by drinking plenty of fluids.

3. Dress appropriately with water shoes and a sun hat.

4. Apply waterproof sunscreen and re-apply it throughout the day. Pay attention to the SPF level and the sunscreen’s directions for re-application.

5. Parents or guardians should always supervise their children, especially those who are young or not strong swimmers.

6. Use the buddy system, and have a designating meeting place and contact procedures in case members of your group get separated.

7. Weak swimmers, non-swimmers, young children, and children under 48 inches tall should always wear Coast Guard approved life vests.

8. Young children in diapers should be fitted with waterproof swim diapers. And diaper changing should be done only in designated areas to prevent the spread of germs. All water park visitors should follow good bathroom hygiene.

9. Don’t swallow pool water, and try to avoid getting the water in your mouth.

10. Read all posted rules and ride safety signs, listen to and follow all audio or verbal announcements, and follow all lifeguard and staff instructions. Signal lifeguards immediately if your see someone in trouble in the water.

Our Texas water park accident lawyers mention that most accidents are preventable. But not all aspects of ride or pool safety are under your control. In the rare event that you or your loved one suffers a serious injury accident at the water park, don’t hesitate to contact us for the experienced legal help you need.

The Texas water park accident lawyers at Denena Points, PC have more than 12 years of experience successfully resolving complex injury and wrongful death accident cases. We could help you too. Call us at 713-807-9500 or reach us through our online contact form to obtain a free, no obligation initial legal consultation to discuss the accident, answer your questions, and evaluate your eligibility for financial compensation.

Update on Aftermath of Six Flags Arlington Roller Coaster Accident

On Friday, July 19^th, Ms. Rosa Irene Ayala-Gaona, identified by her family as Rosy Esparza, fell more than 75 feet to her death from the Texas Giant roller coaster at Six Flags Arlington. Our Texas roller coaster accident attorneys mention that the Texas Giant is 14 stories high. And Ms. Esparza fell out of the roller coaster as it began a steep descent on the ride’s first large hill.

That Ms. Esparza fell from her third-row seat on the first large descent tends to corroborate witness reports that her safety restraint bar had not been properly secured and released her on a sudden ride maneuver. If the restraint were not truly latched, then it would tend to release her at the first application of strong force.

Ms. Esparza reportedly hit a steel beam as she fell, then landed on top of a ride tunnel for the Texas Giant. A coroner has indicated that she suffered many traumatic injuries and extensive trauma damage to her torso.

News accounts say that Friday was Ms. Esparza’s first visit to Six Flags and that family members had accompanied her and were with her on the Texas Giant roller coaster at the time of the accident. Our Texas roller coaster accident attorneys can’t even begin to imagine the pain and trauma they must have suffered from this tragedy.

Learn the Facts about Roller Coaster Safety: Download our FREE Report

The report is free to you without obligation. But you may just find the safety information it contains priceless.

If a roller coaster accident has injured you or your family, don’t hesitate to contact the experienced Texas roller coaster accident attorneys at Denena Points, PC for a free, no obligation initial legal consultation to learn how our experience and skill with roller coaster accidents could help you.We’re available at 713-807-9500 and through our online contact form. Click here to read about our success for the family of a man who suffered another tragic fatal fall from a roller coaster in Texas.

Would an Overall Scheme of Federal Ride Safety Regulations Help?

Senator Edward Markey of Massachusetts, who has previously tried to muster support for federal regulation of amusement park rides, is using the occasion of this tragedy to try and raise awareness of the lack of uniform U.S. ride safety standards and muster support for a new scheme of federal regulation. If, as witnesses indicated, Ms. Esparza’s tragic death was due to negligent employees failing to secure her safety restraint properly, possibly coupled with a mechanical failure in the restraint bar, federal regulations might do little or nothing to prevent further such accidents.

The German manufacturer of the Texas Giant stated that the ride has a hydraulic restraint system. These types of restraints are usually computer-controlled. Our Texas roller coaster accident attorneys note that such computer control systems are generally designed so that the roller coaster train can’t leave the station unless every restraint is properly secured. And once the ride is in motion, the restraint bars should not release.

But until the final accident investigation reports are released, we can’t rule out employee error, mechanical failure, or possibly even computer malware. Between April 2008 and April 2013, 14 injuries were reported for the Texas Giant roller coaster at Six Flags Arlington. None of those injuries were fatal, fortunately, and the worst of them seem to have been concussions and muscle strains from ride jostling motions. Our Texas roller coaster accident attorneys point out that some of the injuries involved trips and falls getting on or off the ride.

The lack of standardized amusement park ride safety and reporting requirements actually means that the parks themselves self-report injuries. So some savvy safety advocates believe that the injuries are under-reported.

The Texas Giant roller coaster at Six Flags Arlington has been closed since Rosy Esparza’s fatal fall from it. Until the Texas Department of Insurance, which oversees ride safety under the Amusement Ride Safety Inspection and Insurance Act, issues another safety compliance sticker for the ride, it won’t re-open. And our Texas roller coaster accident attorneys emphasize that this won’t happen until the roller coaster has been inspected by a qualified engineer and pronounced safe again.

The Fox is guarding the Roller Coaster!

There is an investigation ongoing into how Rosy Esparza was ejected from the Texas Giant roller coaster. The problem is, the investigation is being conducted by two companies with very vested interests in what the investigation reveals. First, the owner of the roller coaster – Six Flags – is conducting an “internal investigation.” Second, Gerstlaur, the German designer and manufacturer of the monster ride is all over the press with this quote, “I’m sure there’s no safety bar that is broken.” He said this to news outlets from Germany so he said this without even seeing the roller coaster!

Talk about the fox guarding the hen house. It is imperative that the family get their team of investigators to the roller coaster and surrounding scene immediately. When we represented the family of Brian Greenhouse, also killed because he was ejected from a roller coaster, our firm flew in our expert engineer from California and had the ride inspected the day after his death. Early documentation of the car, the track, the entire scene is absolutely vital to preserve the evidence and truly find out why Ms. Esparza needlessly died.

This is a terrible, terrible tragedy. In honor of Ms. Esparza, we all need to know exactly what happened. To prevent this from happening again and protect the public we need an unbiased, intellectually honest evaluation of the facts that will lead us to the cause and ultimately a solution.

God bless Rosy Esparza and her family.