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If I am injured on a roller coaster ride at an amusement or theme park, is the park liable or is the ride’s manufacturer liable for the roller coaster accident?
The answer to your question depends on a variety of factors – not only the circumstances of the accident leading to your injury, but also what type of ride and park was involved (i.e., was it a permanent ride set up at a permanent park, or was it a transient carnival), and in what state the accident occurred. Although we will try to briefly explain some of the big concepts at work here, it would be wise to consult with an attorney experienced in this type of litigation as soon as possible to make sure that your case is handled appropriately, that an investigation is conducted promptly, particularly where the injury is serious or death is involved, and that you get all the possible parties involved.
A first potential issue to consider is assumption of risk. In the case of amusement rides, this means that patrons who go on the rides assume certain risks, for instance, jolting of the head and body, or slight bruising from safety harnesses. The amusement park would argue that you knew the danger in riding a roller coaster, and you assumed that risk when you boarded the ride. In some states, this can effectively block any recovery; in others, it will affect the amount of your damages; and in still others, it will have no effect whatsoever.
A second issue is whether the state or federal government has any regulatory authority over the maintenance or operation of the ride. The U.S. Consumer Product Safety Commission, through what has been called the "roller coaster loophole", does not have control over rides operated at fixed sites such as amusement parks, Disneyland, and Six Flags. The CPSC does, however, have control over mobile rides, i.e., a carnival or a state fair midway. Many states do not regulate or inspect fixed site amusement parks or track ride accidents. It is quite possible that there was no government oversight for the inspection of the park at which you were injured. If inspections were conducted, however, the records may help your case.
Your accident may have been caused by some type of mechanical failure. The ride may have been engineered or manufactured defectively, which would result in the manufacturer being sued for product liability. This can be very difficult to prove, however, requiring experts to determine and then testify as to how the machine malfunctioned and whether it was by design or manufacture.
Mechanical failure may also have been caused by improper maintenance or improper operation of the ride on the part of the amusement park and its employees. If this is the case, state or federal laws may come into play. However, even if there isn’t any government oversight of the park, the park and its employees still owe the park’s patrons a duty of reasonable care – in other words, the park and its employees have a duty to maintain the park and its equipment so that it is reasonably safe for its patrons. Breaching this duty results in liability to the park.
Another scenario would be if the ride had been sabotaged or vandalized. In that case, every effort would be made to determine who had damaged the ride. However, the park might still be partially liable for your injuries if the park did not sufficiently protect its rides against tampering. This would also be a difficult case to prove, particularly if the park has a good record of inspection and maintenance or takes strong measures to protect its rides from vandals.
Any damages award, however, can be reduced if the park can prove that you disobeyed verbal or written instructions. In other words, if you were told to remain in your seat and keep the seat restraint fastened, and you failed to do so, the park would argue that you were at least partially the cause of the accident, and your damages could be reduced as a result. |
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