Frequently Asked Questions about Amusement Parks

Q: When an injury occurs on an amusement park ride, what legal theories are usually used to help an injured person recover compensation?

A: Negligence and product liability are legal theories that may allow a person injured on an amusement park ride to recover compensation. The specific claims will depend on the circumstances.

Q: I was injured when I slipped and fell coming off a ride. Can I sue the amusement park to recover compensation?

A: Yes. When an individual is injured on property or premises owned or maintained by someone else, he or she can hold the owner or possessor of the property for the injury under a premises liability theory. In addition, if the amusement park failed to use reasonable and ordinary care to keep the walkway reasonably safe for visitors, the injured person can hold the amusement park liable under a negligence theory.

Q: What federal agencies regulate amusement and theme park rides?

A: As of this time, no federal agency has the authority to regulate fixed amusement park rides. However, forty-two states regulate amusement park rides. The only states that do not have regulations regarding amusement parks are Alabama, Arizona, Kansas, Mississippi, Montana, North Dakota, South Dakota and Utah.

Q: Who is most at risk for injury from amusement park rides?

A: Children have the greatest risk of injury from amusement park rides. One reason for this is that because children are smaller, many safety mechanisms that are designed for larger individuals do not adequately protect children. In addition, many "kiddie" rides do not have adequate restraints.

Q: What are some of the most dangerous amusement park rides?

A: Children under six suffer some of the most serious injuries from so-called "kiddie" rides because inadequate restraints do no prevent them from trying to leave moving rides. The new breed of thrill rides exerts strong G-forces on riders and there is an alarming increase in brain injuries and death associated with the rides.

Q: What can parents do to protect their children from injury at theme parks?

A: Good judgment and common sense are the best weapons to preventing injury at theme parks. Other tips include:

• Always follow posted height, weight and age restrictions
• Seat small children on the inside of the ride away from open sides
• Make sure a ride has adequate restraints for your child's age and size

Q: Is an amusement park owner responsible if I was injured because of something a ride operator did?

A: Yes, based on a theory of the law called vicarious liability, employers are liable or legally responsible to third parties for the acts of employees that are within the scope of their employment.

Q: What responsibilities do amusement park operators and owners have to train ride operators?

A: Amusement park owners should provide all employees, including ride operators, with enough training so that they understand ride restrictions, enforcement of ride limits, all warnings necessary to safely participate in the ride, crowd control methods and company policy for potentially hazardous situations

Q: May I bring a claim against an amusement park if another park visitor caused my injuries?

A: Some courts may say that amusement parks are not guarantors of safety on their premises. In certain instances, though, an amusement park may be held liable for the conduct of other park visitors if they failed in their responsibility to exercise adequate crowd control, failed to provide adequate security, served an intoxicated visitor alcohol or failed to provide adequate ride warnings, which contributed to the injury-causing conduct. Review of the exact circumstances of your accident with an experienced personal injury attorney will best answer the questions of your particular circumstances.

Q: Does an amusement park owe me any extra consideration because I paid to enter the park?

A: Depending on the law in your state, an amusement park may owe you an added duty of care because of your status as business invitee. Under this standard, a property owner not only has a duty to repair and correct known dangers, he also has a duty to reasonably inspect for and correct unknown hazards in those areas of the premises to which an invitee might have access.

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