Liability concerns for amusement park rides

For Arizona residents who love going to neighborhood carnivals or major theme parks, liability insurance may not be something that they think about. Ride manufacturers and operators, on the other hand, must remain aware because when accidents do happen, they can result in serious injuries or even death.

Amusement park injuries occur far too regularly. For example, an accident at the Emerald Glen Park grand opening in Dublin, California, resulted in an injury within 90 minutes of the park being open. A 10-year-old boy was thrown from the water slide. He only suffered minor injuries, but the park had to close certain sections. Other accidents in the past have resulted in death. For example, a 10-year-old boy was killed at Schlitterbahn WaterPark in Kansas, resulting in what was estimated to be a $20 million settlement.

Ultimately, the general liability for manufacturers of the amusement park and water park rides are high, as they could be held responsible depending on the cause of the accident. An expert said that, if an accident happens, the manufacturer has to figure out why that accident occurred. This could mean determining whether the accident was caused by a product defect or if it was operator error.

All property owners are responsible for ensuring that their property is safe for visitors. This includes amusement park owners. If a death occurs as a result of an operator error, the family of the decedent could seek compensation in a wrongful death lawsuit filed with the assistance of an attorney and based on the theory of premises liability.

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  • United States District Court | District Of Arizona
  • Maricopa Country Bar Association
  • State Bar Of Arizona
  • United States Court Of Appeals | Ninth Circuit

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