A Guide to Roller Coaster Accident Lawsuits

Find out when an amusement park can be held liable for a roller coaster accident

• Amusement park accident statistics
• Common causes of roller coaster accidents
• Regulation of roller coasters and amusement parks
• Potential legal claims following a roller coaster accident
• Common defenses raised by amusement parks
• Roller coaster safety tips

The first American roller coaster moved along at a leisurely 5 miles per hour and faced outward so passengers could take in the surrounding landscape. Today, the Formula Rossa roller coaster in Abu Dhabi goes from 0 to 149 miles per hour in just 4.9 seconds.

Although roller coasters are relatively safe, the fact that they’re getting taller, faster, and more extreme means that when accidents do occur they’re often catastrophic.

Let’s take a closer look at roller coaster accidents and lawsuits.

Amusement park accident statistics

Every year, thousands of people in the United States are injured in amusement parks. Estimates of just how many people are injured vary wildly from 4,400 to 30,000 people.

“Right now it is hard to get a clear picture of what’s happening because there’s a patchwork system of regulation and enforcement,” said Tracy Mehan, a research manager at Nationwide Children’s Hospital in Ohio who conducted a 2013 study on child injuries at amusement parks. “We need a national injury reporting system for all mobile and fixed-site rides.”

Fatal accident statistics are kept periodically by the Consumer Product Safety Commission (CPSC). According to CPSC, 52 people died in amusement park rides between 1990-2004, but more recent statistics are not available.

Common causes of roller coaster accidents

People enjoy roller coasters for many of the same reasons they enjoy horror movies or bungee jumping. Roller coasters are a legal and generally safe way to experience the natural high associated with triggering your body’s fight-or-flight response.

Unfortunately, roller coasters sometimes cross the line from providing the illusion of danger to exposing riders to actual danger.

CPSC conducted an in-depth investigation from 1990-2001 and found several leading causes of roller coaster injuries and fatalities. These include:

• Mechanical failures. Mechanical failures include things like missing safety pins, broken welds or structural components, exposed electrical wires, broken drive chains, and malfunctioning lap bars.
• Operator behaviors. Operator behaviors that cause roller coaster accidents include abruptly stopping the ride, improperly assembling or maintaining the ride, and ignoring safety procedures.
• Passenger behaviors. Passenger behaviors that cause roller coaster accidents include intentionally rocking cars, standing up, defeating safety restraints, and sitting improperly.
• Inherent dangers. Even when nothing goes wrong, certain roller coasters, such as those with sudden drops, can cause injuries like loss of consciousness, headaches, and dizziness.

Regulation of roller coasters and amusement parks

CPSC provides some level of oversight and regulation of mobile amusement parks such as local fairs. However, it’s up to the individual states to decide who’s responsible for mobile amusement park inspections. What’s more, there’s no single body responsible for regulating fixed-site amusement parks (e.g., Disneyworld and Six Flags). In some states, fixed-site amusement parks aren’t regulated at all.

“Back in the 1980s, our authority to oversee fixed-site rides was taken away from us,” said Scott Wolfson, spokesman for CPSC. “We do deal with mobile rides, like those at local carnivals, but we are a small agency, and it’s tough to oversee every fair that sets up for a short period of time.”

Potential legal claims following a roller coaster accident

Most personal injury lawsuits involving roller coaster accidents are based on negligence or product liability claims. Let’s take a look at both.

Roller coaster accidents caused by negligence

If a roller coaster accident was caused by the carelessness of the amusement park or an amusement park employee, a negligence claim is appropriate.

A plaintiff in a roller coaster accident lawsuit based on negligence must establish that:

1. The defendant owed the plaintiff a duty to exercise reasonable care to avoid harming the employee,
2. The defendant breached its duty, and
3. The breach was the cause of the plaintiff’s injuries.

If an employee is negligent, the amusement park can be sued under the theory of respondeat superior.

Common examples of negligence include:

Roller coaster accidents caused by defective components

If a roller coaster accident is caused by a defective component, a product liability lawsuit might be appropriate. Generally speaking, 3 types of defects can give rise to a product liability lawsuit:

Common defenses raised by amusement parks

Roller coaster accident lawsuits usually involve serious injuries and high damages. As a result, amusement parks typically fight the lawsuits tooth and nail.

Common amusement park defenses include:

• Assumption of the risk. The assumption of the risk defense says that a plaintiff who voluntarily gets on a roller coaster is owed no duty of care with respect to the obvious risks associated with the activity. However, amusement parks are still liable for non-obvious risks.
  
  For example, if you suffer dizziness as a result of riding in a roller coaster that spins you in circles, you can’t sue anyone because getting dizzy is an inherent risk associated with riding a roller coaster that spins you in circles. On the other hand, if a lap bar malfunctions and you’re thrown from the roller coaster, you can sue because a lap bar coming loose is beyond the obvious risks associated with riding a roller coaster.
• Shared fault. If the plaintiff is partially responsible for the accident, they may be barred from recovering any damages or their damages may be reduced according to their percentage of fault depending on the state’s shared fault rules. Common examples include a plaintiff who gets on a roller coaster despite not meeting the clearly-posted weight and height requirements, or a plaintiff who stands up while the roller coaster is in motion.
• Waiver of liability. When purchasing a ticket to an amusement park, you may be asked to sign a waiver of liability. A waiver is simply an agreement saying that you release certain parties (usually the amusement park) from any liability related to injuries suffered. Every state treats waivers differently. In some states, waivers are unenforceable. In other states, waivers are upheld if they meet specific requirements.
• Statute of limitations. Every state has something called a statute of limitations that limits the amount of time you have to file a lawsuit. If you fail to file your lawsuit within this time period, you’re forever barred from recovering damages.

Roller coaster safety tips

Although some accidents are unavoidable, there are 5 steps you can take to lower your risk of being injured on a roller coaster:

1. Always follow the posted height, weight, age, and health requirements
2. Pay attention to and follow all loading instructions
3. Make sure children keep their hands and feet inside the roller coaster at all times and NEVER lift your child above the safety bar
4. Don’t let your child on the ride if you don’t think they can follow the rules
5. Trust your instincts (if a ride seems unsafe, choose a different activity)

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