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Danger at the Amusement Park

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Danger at the Amusement Park When an outing to an amusement park or fairground ends in tragedy, it’s essential to conduct early and thorough investigation of the ride and parties involved in its manufacture and maintenance. By || M ARK K ITRICK AND M ARK L EWIS DANGERat the Amusement Park In 2017, the Fire Ball ride at the Ohio State Fair catastrophically failed, killing our 18-year-old client Tyler Jarrell and injuring others.1 “Described as an ‘aggressive thrill’ ride, the Fire Ball swings riders from side to side like a pendulum, reaching 40 feet above the ground while spinning riders at 13 revolutions per minute.”2 Tyler was thrown 60 feet into the air and died on impact with the cement ground. An extensive investigation found that the catastrophic failure was caused by exces- sive corrosion, leading one of the pendulum ride’s gondolas (the cart that carries the ride’s passengers in a row of seats, which was fixed at the end of a metal arm) to break loose.3 People who visit amusement parks or fairgrounds buy tickets believing that Ithe rides are designed, assembled, and maintained properly; that they’ve been thoroughly inspected; that the operators are well trained; and that safety is primary. However, the amusement park industry was deregulated in 1981, resulting in no national safety standards for fixed and permanent attractions, known as the so-called “roller-coaster loophole.”4 Today, the rules and inspections vary by state.5 Further, the U.S. Consumer Product Safety Commission (CPSC) has no serious oversight of the industry.6 As a result, national data on safety risks is incomplete. 38 January 2019 || Trial Trial || January 2019 39 P REMISES L IABI l ITY || Danger at the Amusement Park However a study found that from obvious.”13 Premises liability claims first lessee more than 10 years preceding 1990–2010, approximately 92,885 ­injuries may arise from injuries resulting from the injury or harm.16 Georgia has a to people under 18 from amusement rides a dangerous ride or attraction; trip and similar law.17 were reported nationally, with approxi- falls due to hazards on the ground, Negligence. Consumers also may mately 33 percent arising from large, fixed ­walkways, or stairs; food poisoning or bring general negligence claims. In rides at permanent ­amusement parks other illnesses from consuming items at amusement ride cases, negligence is such as Universal Studios or Disneyland.7 the park’s or fairground’s restaurants or one of the broader and most common The same study found that mobile rides concession stands; and dangers caused causes of action, and it depends on the that are assembled and disassembled to by the park’s or fairground’s failure to specific facts of your case. “Negligence is migrate among seasonal fairs and carni- comply with applicable fire and building defined generally as the failure to exer- vals caused 29 percent of injuries.8 When codes. For example, if a large pothole in cise ‘that degree of care for the safety a client is injured on one of these rides, the middle of the park’s go-kart track of others, which a person of ordinary here are common steps to follow early caused someone to crash, the injured prudence would exercise under similar when gathering critical evidence and party could potentially bring a premises circumstances.’”18 evaluating potential claims. liability claim against the owner or oper- Negligent hiring, retention, training, ator of the go-kart track or amusement and supervision. An amusement park Causes of Action and park who failed to repair the pothole. may be held liable under respondeat Defendants Products liability. If your clients are superior for the negligent acts or omis- Before you start looking into potential injured because the amusement ride is sions of its employees who are operating legal claims and defendants, keep a defective, possible products liability and maintaining the rides. This could few things in mind: Most amusement claims include failure to warn, manu- include an amusement park employee ride cases that involve serious injuries facturing defects, and design defects. who fails to tighten and secure a ride’s settle, and very few proceed to trial. For example, an injured rider could lap restraint mechanism, causing riders Typically, settlements are confidential, allege a failure-to-warn claim against the to be thrown about—or worse, ejected which can make case evaluation and amusement park owners and ride opera- from—the cart. The injured plaintiffs ongoing negotiations more difficult.9 In tors who failed to post safety rules and could allege, in part, that the amusement addition, some states also cap damages signs; failed to adequately communicate park hired and retained personnel who in wrongful death and personal injury ride restrictions based on age, height and were incompetent, reckless, or unquali- cases, and it is often difficult to obtain weight, pregnancy, or health conditions; fied for their positions, as well as failure punitive damages.10 or failed to provide adequate instruc- to provide oversight and the proper and Potential legal claims may be tions on using the safety equipment and necessary training to its employees to grounded in premises liability; products precautions before riding. ensure the park’s rides would be safely liability; and general negligence,11 among In the Fire Ball case, ride manufac- operated and maintained. others. But these claims depend on the turer KMG’s product manager stated specific facts of your case and the laws of that after an inspection of the 18-year-old Essential Evidence your jurisdiction. Potential defendants ride, “it was determined that ‘excessive Ride failures occur for many reasons, may include the owners and operators corrosion on the interior of the gondola including unsafe practices and opera- of the amusement park or fairground; support beam dangerously reduced the tion, lack of training, defective design, manufacturers or designers of the ride; beam’s wall thickness over the years’ and careless maintenance and assembly, inspectors of the ride; and distributors, ‘led to the catastrophic failure of the ride and metal fatigue and corrosion, to list suppliers, and retailers of the ride’s parts. during operation.’”14 Other defects to a few. Not surprisingly, a ride’s creation, Premises liability. People who look for include a loose lap bar or inad- assembly, and ongoing inspection for sustain injuries could pursue a claim equate safety belts.15 safe operation require high levels of against the owners or operators, or Unfortunately, statutes of repose expertise and knowledge. both.12 Owners have a general duty seriously limit manufacturer liability in Determine the manufacturer and to invitees “to exercise ordinary care products cases. For example, Ohio has its assets, discover the ride’s age and to keep the premises in a reasonably a 10-year statute of repose that bars a maintenance history, recreate the ride’s safe condition and to warn invitees of products liability claim if the product lineage and dates of ownership, and dangers that are latent, unknown, or was delivered to its first purchaser or uncover other similar incidents. Collect 40 January 2019 || Trial RIGHT AND PREVIOUS PAGES: GRACE HO/UNSPLASH this evidence swiftly, and follow a examined and explained. This includes protocol to track it down. Our suggested obtaining photographic evidence of rubric, which may be applied to cases the ride and surrounding areas. Using involving any of the aforementioned the earlier example, if your client was causes of action, includes injured while riding a go-kart that hit immediately preserving the scene a large pothole, acquiring photographs and social media evidence A STUDY FOUND THAT and measurements of the hazardous obtaining witness statements from FROM 1990–2010, condition, the resulting destruction visitors (who often do not live (such as the demolished go-kart), and locally) APPROXIMATELY the rider’s injuries, as well as securing ordering all related state and local 92,885 INJURIES TO video footage from security cameras, inspections, including police and PEOPLE UNDER 18 will be crucial. Also, immediately order relevant investigatory reports FROM AMUSEMENT the official police, fire, and emergency obtaining other documents such medical services reports. These are typi- as certified weather reports for RIDES WERE cally public records requests governed the date in question and the ride’s REPORTED by your state’s public records laws.19 operational history over at least the NATIONALLY, WITH While engaging in these actions, previous five to 10 years hand-deliver letters of representation conducting national and interna- APPROXIMATELY and preservation of evidence to the tional research on its history 33 PERCENT ARISING appropriate parties. Indicate that in determining the manufacturer and FROM LARGE, FIXED the near term you want to conduct an the various owners urgent, nondestructive inspection of the uncovering liability insurance for RIDES AT ride with your experts. any and all potential defendants PERMANENT Research the ride’s inspections discovering any companies that AMUSEMENT PARKS. and malfunctions history. You must have recently conducted inspec- know whether prior, similar incidents tions and certified the ride would not have otherwise obtained and involving the ride have occurred. retaining the appropriate experts. was not in the formal state investigation According to Saferparks.org, state Obtain video and photographic reports. But keep in mind that this type regulatory agencies and the CPSC evidence and witness statements. of evidence can be traumatic for your provide public records of incidents Many incidents and injuries are caught clients, who lived through the horror involving amusement rides and devices on camera, providing important captured on video. regulated under their jurisdiction. firsthand photographic and video Hire an investigator and obtain Many rides are manufactured overseas evidence. Because many amusement relevant reports.
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