AMUSEMENT PARKS ATTRACT VISITORS AGAIN

Many people visit amusement parks over the summer. Georgia, and Atlanta in particular, is lucky to have several great parks nearby. Six Flags over Georgia and Six Flags Whitewater are just two of the many attractions in Georgia. Although the number of annual visitors has decreased since the pandemic began, down 16% from the 32.8 million visitors Six Flags welcomed in 2019, millions still enjoyed the parks in 2020 and 2021. Farther away, Walt Disney World, Orlando, averages 58 million visitors to its park annually; it is the most-visited vacation resort in the world.  

AMUSEMENT PARK SAFETY STATISTICS

In 2016, the U.S. Consumer Product Safety Commission estimated that 30,000 injuries linked to amusement park ride accidents occurred and led to emergency room visits. However, experts warn that data on amusement park safety is limited and regulations are inconsistent. CNN reported that in 2015, the amusement park association’s annual safety survey confirmed an alarming 1508 ride-related injuries among park attendees who took part in various types of rides. That figure – 1508 ride-related injuries – actually represented a 32% increase from the previous year.

The International Association for Amusement Parks only collects data on fixed-site amusement parks such as Disneyland and Universal Studios where the rides are “permanent fixtures.” Accidents occurring at mobile amusement parks that move from location-to-location such as countless carnivals, state fairs, etc., are not included in the above data – meaning those figures are likely vastly underestimated. For more detailed information on safety statistics for amusement parks, see:  North America Fixed-Site Amusement Ride Injury Survey, 2020 Update and then: 2019 Ride Incident Survey Report.

REGULATION OF AMUSEMENT PARKS

Amusement parks and mobile carnivals were once regulated by the Federal Consumer Product Safety Commission. However, in 1981, Congress revoked that authority, and placed regulatory power in the hands of state and local governments. In Georgia, the Office of Insurance and Safety Fire Commissioner regulates the state’s amusement parks by inspecting rides annually and performing additional spot-checks, according to Saferparks, a public service organization that promotes safe design, operation and use of amusement rides and devices. 

In Georgia, the Georgia Amusement Ride Safety Act, 120-3-27, sets out rules and regulations applying to permanent rides at amusement parks, and 120-3-28 contains rules and regulations pertaining to carnivals and fairs. Still, whether a park, carnival or fair is compliant with these rules depends on the frequency and type of inspection done on the rides, and on whether any violations requiring remediation are followed up on. Furthermore, the guidelines contained in these rules and regulations do not mandate that rides be removed from operation when any injury occurs.  Administrative regulations for carnival rides, 120-3-28-.12, require “serious personal injury” which seems to mean a compound fracture or loss of consciousness before mandating that the ride be removed from service. The regulations for amusement rides found in 120-3-27-.06 are similarly limited to those incidents involving “serious personal injury” before requiring the ride to be removed from service. 

BEST PRACTICES FOR AMUSEMENT PARKS

There are things you can do to increase your safety at parks, carnivals and fairs. Visually inspect rides before going on them: is the track of a roller coaster well-maintained and solid, or does it appear rickety and worn? Are safety devices such as harnesses, grab bars, etc, in working order? Always comply with the height, weight and age requirements of a ride; if these are ignored, then safety devices might not work properly. Take note of whether the ride operator is paying attention to patrons and the ride; a distracted operator can miss safety checks, operate a ride improperly, and/or fail to stop a ride in time if trouble occurs.  

Many amusement park accidents are caused by intentional or unintentional rider behavior. Some people may panic and try to get off a moving ride, while others may get involved in horseplay on a ride. Still others try to be dare devils, standing on rides that require seated passengers, or putting hands and feet in dangerous positions. When on a ride, be sure to keep the harness or grab bar where it belongs, and stay seated with your feet on the ground. While amusement parks are meant to be enjoyed and riding rides should be a light-hearted experience, safety at parks, carnivals and fairs is a serious business.

WHEN ACCIDENTS HAPPEN

When an accident does occur at a park, whether on a ride or from a slip and fall on the premises, report the accident to park management. Document any injuries and medical treatment required. Park and carnival/fair owners have a duty of care to the visitors that they invite to their premises, just as a business owner has to the people invited into the business. This duty of care includes complying with all relevant statutes, rules and regulations. For example, if someone is injured on a ride because a safety device—such as a harness—was not properly secured by a 15 year old ride operator distracted by trying to run two rides, the park could be liable for the resulting injuries. Pursuant to O.C.G.A. § 25-15-60, amusement ride operators are required to be at least sixteen (16) years old and cannot operate more than one ride at a time. The amusement park’s violation of this rule can be used in the personal injury case in order to prove negligence on the part of the amusement park.

Alternatively, if someone trips and falls, injuring themselves, because of a slick surface that had no warning sign, the park could be liable for failure to correct the hazardous condition (if they knew or should have known of its existence) or to at least warn visitors about it.  

CONTACT A PERSONAL INJURY ATTORNEY

If you or someone you know has been injured at an amusement park, carnival or fair, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your rights to compensation.