Balancing Fear and Fun: How to Stay Safe at Amusement Parks This Summer
According to the International Association of Amusement Parks and Attractions, approximately 335 million guests per year enjoy roughly 1.6 billion rides at over 400 U.S. amusement parks. Though the chance of being seriously injured on a fixed-site ride in the United States is estimated at 1 in 16 million, July’s unfortunate accident during opening day at the Ohio State Fair dredges up a question many of us try not to think about: exactly how safe are the amusement parks we visit?
Types of Injuries:
Accidents at amusement parks occur for a variety of reasons. According to the Consumer Product Safety Commission (CPSC), most injuries at amusement parks are caused by:
- Mechanical Failures: Examples of mechanical failures associated with amusement ride-related incidents include exposed electrical wires, malfunctioning safety restraints, and improper detachment of cars and other structural components.
- Improper Operation of the Ride: Examples of improper operation include abruptly stopping the ride, improperly assembling or maintaining the ride, and overriding safety equipment (e.g., brakes, heat cut-off switches).
- Human Error: Human errors leading to injury include sitting improperly, standing up, intentionally rocking cars (looking at you, Ferris Wheel aficionados!), and defeating safety restraints.
- The Inherent Nature of the Ride: Even when riders are safely strapped in and the ride is functioning normally, movement of the ride itself can lead to injury. The CPSC has reported cases of head, neck and back injuries from being whipped around, stroke from trauma to ligaments in the neck, brain aneurysms from roller coasters and other fast rides, drowning on water rides, and death as a result of falling or being thrown from a ride.
Who Regulates These Rides?
Amusement park rides are categories as either “fixed-site” or “mobile.” Fixed-site rides are permanent installations at a specific place (e.g., the rides at Disney World or Six Flags). Mobile rides, most common at state fairs and carnivals, travel from site to site. While the Consumer Product Safety Commission has authority to oversee and investigate injuries from mobile rides, there is no one organization that oversees regulation of fixed-site rides. Rather, safety standards are handled on a state-by-state basis.
In Ohio, all amusement park rides, whether fixed or mobile, are regulated by the Ohio Department of Agriculture, Amusement Ride Safety. State inspectors must assess the rides before they can be licensed to operate. Additionally, ride owners often hire private inspectors and third-party experts to ensure that all is safe and sound. While Ohio’s process is thorough, some states have far fewer regulations.
What Happens If I Get Injured?
Depending on the nature of the accident, a number of different legal claims are available to people who have been injured on an amusement park ride. Some of the most common claims include:
- Negligence: If an amusement park accident was caused by the carelessness or negligence of the park or a park employee, the most common legal claim would be for negligence. Examples of negligent actions include failing to post warning signs to inform people with certain medical problems to avoid specific rides, failing to properly train employees on how to operate the rides, and failing to regularly inspect the rides.
- Product Liability: Even when rides are properly inspected and maintained, accidents can still occur. When it can be established that a person was injured due to defects in the ride itself (e.g., the safety bar malfunctioned mid-way through the ride), there are grounds for a product liability claim.
If you or a loved one has been injured at an Ohio amusement park, consult with an attorney to find out whether legal remedies exist for your specific situation.
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