Should Customers at Amusement Parks Be Responsible For Safety? | DENENA | POINTS

Should Customers at Amusement Parks Be Responsible For Safety?

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:

  • Check for protective fencing around rides
  • Look at equipment and padding closely
  • Watch out for exposed wires
  • Be sure ride operators are attentive

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.