What are the Rights of Injury Victims Following an Amusement Park – Roller Coaster Ride Accident?

Amusement-Park-Ride-150x150In the State of Florida and other States, amusement parks and theme parks provide fun and excitement in the form of roller coaster rides, carousel rides, ferris wheel rides, and rides.  Some amusement park rides go quite slow and involve little force, friction, or height.  However, any mechanical ride can pose a threat to riders if there is a malfunction, design defect, or operation error.  This is especially the case with roller coasters that involve great heights, sharp turns, and twists and turns at high speeds.  A recent incident that took place in Daytona Beach, Florida at the Daytona Beach Boardwalk.  It was reported that two riders fell from the Sand Blaster Roller Coaster ride.  There were a total of nine riders injured as a result of the incident.  For more information regarding this incident, see Roller Coast Ride Accident – Daytona Beach – Personal Injuries and History of Ride Inspections by the State of Florida

With most legal cases involving a personal injury, there are four elements of the case to establish as follows:

1 – Duty;

2 – Breach of Duty;

3 – Causation; and 

4 – Damages.

There could be one or more causes of action against a theme park, amusement park, product distributor, and / or product manufacturer for injuries that takes place as a result of a ride malfunction.  There could be liability on the part of the amusement park or theme park if the employees failed to properly maintain the ride.  Another case could be establish if the ride malfunctioned due to operator error or some other action that put the safety of the riders.  If a ride is inspected by a government agency and was approved by the government inspector, this could help defend the ride owner or operator; however, a further investigation can be pursued to determine how and why a ride malfunctioned.  A passing grade or mark by a government inspector is not necessarily an absolute defense when a ride malfunctions and people are injured.

David Wolf is a personal injury attorney who handles cases all over the State of Florida. He is the author of 11 books that focus on personal injury matters including the book titled The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know.  This book has chapters on automobile accidents, pedestrian accidents, day care center injuries, theme park and amusement park injuries, swimming and aquatic related injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

When an adult or child visits a theme park or amusement park, the operators of the theme park or amusement park should put safety first.  If a ride needs to be shut down, the ride should be shut down.  It can be quite expensive running a theme park or amusement park.  If a ride needs to be fixed, funds should be expended to fix the machine so that it can safety operate.  If the repairs are too costly, then the ride should be shut down, decommissioned, and / or removed from the property.