Amusement Park and Roller Coaster Accidents

Roller Coaster Injury Attorney – Safety Tips

Everyone is advised to follow these tips:

• Follow the posted rules;
• Be aware of the age, height and weight restrictions;
• Follow instructions of the ride operator;
• Check that the ride operator is wearing an identification badge;
• Keep hands, arms and legs inside at all times;
• Use safety equipment, such as seat belts and shoulder harnesses when provided;
• Stay inside until the ride comes to a complete stop.

Parents, to ensure your child’s safety:

• Watch while the ride is in progress to monitor your child;
• Observe the operator’s behavior and whether they are aware of the ride’s operation; and
• Explain appropriate and safe behavior to the child, such as remaining seated, keeping hands and feet inside the ride and following the operator’s instructions;

If you see an amusement ride that does not appear safe, or you observe an operator that does not comply with safety guidelines, notify a park, fair or carnival official.

Depending on the circumstances surrounding an amusement park accident, liability can vary.

Accidents are usually caused by one of the following:

• Rider behavior (i.e., unbuckling your seatbelt on a ride)
• Operator behavior
• Mechanical failure
• Design limitation

Claims

The following are the most common claims against amusement parks:

• Failure to keep the amusement park ride in a safe condition through proper maintenance and inspection
• Failure to give proper instructions or warnings
• Negligent operation of the ride that results in an injury
• Not properly warning those with health issues the inherent dangers of the attraction ride
• Failure to keep areas outside of the attraction ride safe for the public, such as walkways and public areas
• The design of the amusement park ride is inherently dangerous, such that normal operation results in injury.

Amusement park accidents often occur at the following types of amusement park settings:

• Mobile Rides – those rides that move from site to site, even state to state, from events like carnivals and state fairs
• Fixed Rides – those that are a permanent attraction at an established Amusement Park (e.g., Disneyland or Six Flags)

While at an amusement park, injuries occur due to the following:

• Slip and fall on walkways;
• Faulty rides and equipment;
• Failure to warn of dangerous condition;
• Negligent workers

What is the most common injury:

• Neck injuries;
• Back injuries
• Head and brain injuries;
• Heart attack; and
• Fractures.

Reports indicate approximately half of all ride-related injuries happen to children under the age of 13. A common cause of accidents at amusement parks is when parents allow their children to go on rides that are not appropriate for their size. A parent or guardian should not allow their child to go on a ride where they do not pass the height requirement.

Water rides pose an additional risk because the height requirements are not regulated at the federal level.

As a general rule, be conservative when you are unsure if a ride is safe.

As roller coaster attorneys, we have proven success in representing injured clients due to the negligence of amusement parks.

Michael Dwaileebe v. Six Flags Darien Lake - A gentleman was ejected out of a Superman roller coaster and flew approximately ten feet in the air before landing on pavement.

A jury in Little Valley ordered the Six Flags theme park chain to pay former Olean businessman Mike Dwaileebe approximately $4 million for the Darien Lake Superman roller coaster accident that has left him with an uncorrectable hernia condition.

Following a six-week trial, a jury deliberated for three days before finding Six Flags Darien Lake 100% liable for the May 16, 1999 accident on its Superman roller coaster.

Six Flags argued that Dwaileebe fell as the ride came to a stop because he was too large for the ride's lap-restraint bar to be pushed down. They claimed he should have known that he was too large to ride. Following Dwaileebe’s accident, park officials later added safety belts to the ride.

Following several motions made after the jury verdict, the case ultimately settled for $2.85 million.

During the course of the trial, the offer to settle was never greater than $250,000.

In the last ten years, amusement park and roller coaster rides have caused the deaths of many innocent and unexpecting people.