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Roller Coaster Accident Injuries and Amusement Park Safety
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Despite the thrills, rollercoasters and other amusement park rides are supposed to be safe. If you suffer a serious ride accident or another injury, personal injury laws can provide a way to get compensation for your recovery.
Millions of people visit amusement parks like Disneyland and Six Flags each year, riding roller coasters without incident. But many guests are injured during their visits. Tragically, some visitors never leave a theme park or water park alive.
This article explains the various hazards that can lead to amusement park accidents. It also discusses the types of injuries that may occur on roller coasters and other amusement park rides.
You may want to review your legal rights regarding premises liability, an area of the law concerned with dangerous property conditions. A personal injury attorney can explain the law and how to sue an amusement park after an accident.
How Common Are Theme Park Injuries?
One study for the U.S. Consumer Product Safety Commission (CPSC) revealed thousands of injuries in the six-year period from 1997 to 2003. The studied rides included mobile rides for temporary use and fixed rides at permanent park locations. Many injuries led to emergency room visits. The CPSC also reported 55 deaths associated with fixed-site or mobile amusement rides from 1987 to 2001.
Types of Roller Coaster Accidents and Amusement Park Injuries
Many types of amusement park injuries can result from roller coaster accidents. Parkgoers may get stuck on rides like Ferris wheels. Swinging and spinning rides can also malfunction after mechanical failures. In addition, people can be injured on water rides, on waterslides, and in wave pools. That includes “lazy river” rides that use inflatable devices.
Head, neck, and back injuries are the most commonly reported amusement park injuries. Parkgoers can also suffer serious go-kart and bumper-car injuries involving crashes with other riders. Water parks and amusement parks with water rides increase the risks for waterslide injuries and wave pool drowning deaths.
Serious injuries associated with amusement parks can include:
- Deadly falls
- Carotid artery dissection and stroke (tears to the major artery in the neck)
- Traumatic brain injury
- Brain aneurysms
- Paralysis
- Drowning
- Inflatable ride injuries
- Lacerations
- Broken bones and torn ligaments
- Emotional injuries
This is not an exhaustive list. Sometimes an injury can take weeks or months to be discovered. That may be as simple as a back injury or as complicated as internal bleeding. If you suspect you might have suffered injuries on a ride, see a doctor as soon as possible.
Roller Coaster Accident Dangers and Liability
To file a claim, you’ll need to know which party would be legally responsible for the injury. This person or business would be the defendant in the personal injury lawsuit. Usually, the liable party in a theme park accident is a ride manufacturer or the park itself.
Ride Manufacturer Liability
Like any business, amusement parks have the potential to operate defective equipment. Doors, lap bars, seat belts, and shoulder harnesses restraining riders can malfunction or cause whiplash.
Ride manufacturers may be liable for defects in manufacturing or defects in design. If a defective product or design defect on a ride is to blame, victims may file product liability claims. Ride manufacturers can also be liable for failing to place proper warning signs on their rides.
Amusement Park Liability
Ride operators, park employees, and amusement park owners alike may have responsibility for accidents. Employees operating amusement park rides and working at water parks can become distracted. The park may fail to provide proper training to staff.
Amusement park workers may fail to:
- Perform their assigned job duties
- Safely operate a ride
- Perform routine safety checks
- Properly supervise colleagues responsible for ride safety
- Use a reasonable standard of care on the job
In general, theme park operators have a duty to prevent foreseeable harm to parkgoers. A duty of care violation can harm theme park guests. The ensuing safety issues can amount to a negligence claim. When someone’s negligence results in fatalities, the victims’ families can even claim wrongful death.
Reporting Requirements for Theme Park or Ride Injuries
If an operator’s negligence has resulted in injuries or death to you or a loved one, be proactive. You might have to take action on your own.
Some states, like Florida, do not require theme parks to report injuries unless:
- They involve fatalities
- An injured rider is immediately hospitalized for at least 24 hours and for more than just observation by medical personnel
Regardless of whether the injuries are reported, you should gather evidence. Proof from videos, photographs, and witnesses can be important if you decide to file a personal injury lawsuit later.
Medical Treatment for Roller Coaster Accidents and Amusement Park Injuries
Long-term treatment and physical therapy for amusement park and water park injury victims may be an important part of any recovery. Dealing with radical life changes can be harrowing.
Some of those changes may involve:
- New limitations on mobility
- Brain injury
- Paralysis
- Limb amputation
- Scarring or disfigurement
Physical injury is only one aspect of amusement park-related trauma. The mental traumas that ride victims can experience may be just as great. Such trauma or disability may require extended, even lifelong treatment.
Your Legal Rights as a Park Visitor
While some states regulate amusement park rides, there is no federal law on amusement park safety as of 2023. Though the federal Consumer Product Safety Act touches on the safety of portable carnival rides and other mobile attractions, it is largely city and state governments that directly regulate park rides.
Victims of theme park injuries may be entitled to compensation. They may recover money for medical bills, pain and suffering damages, and even time lost from work. In cases where a theme park acts with reckless disregard for the safety of its guests, punitive damages are also available to punish wrongdoers. Even if a park operator made you sign disclaimers or waivers regarding potential accident injuries, you may still have a viable personal injury claim.
Were You Injured on a Roller Coaster? An Injury Attorney Can Help
If you’ve been injured at an amusement park, you should get legal advice from an experienced accident attorney. A personal injury case involves back-and-forth fights with insurance companies. Personal injury law is stressful. Like a car accident, a roller coaster injury can be traumatic. An accident lawyer can help you consider your legal options with greater ease.
Personal injury lawsuits involving theme parks can be complicated, but having a lawyer increases your chances for a favorable verdict. You can use FindLaw’s directory to compare personal injury attorneys in your state and locality. Contact a personal injury lawyer today to discuss your case.
Can I Solve This on My Own or Do I Need an Attorney?
- A lawyer can help seek fair compensation on your behalf
- Accident and injury claims are complex and insurance carriers have lawyers on their side
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.
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