The Consumer Protection Safety Commission estimates that the number of serious injuries on amusement park rides that warrant a trip to the emergency room have risen to almost 5,000 annually. Unfortunately, the CPSC’s ability to gather accurate information is seriously hampered by the loophole in the Consumer Product Safety Act of 1981 — the so-called “roller coaster loophole.” This loophole prohibits the CPSC from regulating the safety of rides that are fixed to a specific site. While mobile rides, those that move from location to location – such as in carnivals and other mobile attractions – fall under their jurisdiction. Although legislation regarding amusement park rides has been introduced in Congress, it has failed to become law.
As a result, regulation and inspection of “fixed site” amusement rides are left up to the state or local municipality, and as a result, oversight varies from good to none. A majority of states and municipalities provide some type of regulation (i.e., licensing, inspection, insurance requirements); the states containing the largest number of amusement parks (i.e., California, Florida, Ohio) do have some oversight. However, consumers have no way of finding out how many guests have been seriously injured on rides at parks.
To protect your rights contact us today: 1-800-318-LAW1
The Consumer Protection Safety Commission has stated that several factors are at fault in the amusement park accidents:
- Consumer behavior
- Operator behavior
- Mechanical failure
- Design defects or limitations.
Liability for amusement park accidents and theme park injuries involves three types of law – negligence or tort law, product liability law and premises liability law. These laws are complex and require the expertise of a personal injury lawyer with experience handling amusement park accident injury cases.
If you or someone you love has been injured or killed in an amusement park ride accident you may want to contact Munley, Munley & Cartwright immediately to protect your rights. Call Us: 1-800-318-LAW1