Amusement Park Accidents

Thousands of Injuries Reported

Life-threatening injuries can happen at all types of amusement parks and on a wide range of attractions. In 2022, estimated fixed-site ride-related injuries totaled 1,390 according to the International Association of Amusement Parks and Attractions (IAAPA) survey. Of these, 19% of the injuries were serious. ⁽²⁾ 

Generally, amusement parks are classified as fixed-site parks when rides are more or less permanent structures. This would include an amusement pier at the beach or a theme park, such as Disneyland. The rides at carnivals or fairs are mobile — they travel from place to place.

While the IAAPA was referring to national statistics, accidents happen locally as well.

Local Amusement Park Incidents

Several local amusement parks had serious accidents that caused injuries to visitors. In one incident, a war veteran, who was a double amputee, died after being thrown from a roller coaster. The Darien Lake amusement park ride in western New York, known as “The Ride of Steel.” It is reported to be “one of the tallest roller coasters east of the Mississippi River.” The veteran was thrown from the ride when he raised his arms. ⁽³⁾

A 10-year-old girl died after being ejected from a Wisdom Super Sizzler ride called “Xtreme.” It happened at the Deerfield Township Harvest Festival. She suffered deadly injuries from her fall. ⁽⁴⁾

Fox News reported accidents at Rye Playland in New York where, “two deadly incidents took place… . Two 7-year-old girls died; one after being thrown from a ride and the other incident occurred on a water ride.” ⁽⁵⁾

Every year, there are media reports of serious injuries and deaths at amusement or theme parks. According to the IAAPA, the “Number of injuries are up in 2022 from 2021 (+13%).” ⁽⁶⁾

Such concerns are well-founded due to the potential severity of injuries involved. This can include death and long-term — if not permanent — impairment. Recovery from these injuries can involve continuing suffering and financial burdens.

Common Injuries

There are several injuries commonly suffered in amusement park accidents requiring medical attention.

The overall frequency of occurrence for various types of injuries are: ⁽⁷⁾

• Broken bones: 10%.
• Legs: 17%.
• Face: 18%.
• Cuts: 20%.
• Sprains and strains: 21%.
• Arms: 24%.
• Head and neck: 28%.
• Soft tissue: 29%.

These injuries result in a wide range of outcomes.

Broken bones, cuts, and bruises — While these injuries may not seem serious, broken bones puncturing the skin (open fractures) can leave victims vulnerable to infections. The American Academy of Orthopedic Surgeons describes these types of fractures as a “surgical emergency.” ⁽⁸⁾ Recovery from such an accident can be a long and expensive process.

Death — Deaths can result from falling or being thrown from a ride. The last available data from the Consumer Product Safety Commission (CPSC) on amusement park ride deaths indicated there were 52 reported deaths between 1990-2004. ⁽⁹⁾ 

CPSC no longer tracks amusement park ride injuries and deaths. However, a spokesperson said there were 29 “deaths on amusement rides or water slides” reported to the CPSC between 2010 and 2016. ⁽¹⁰⁾ 

Drowning — Drownings on water slides, lazy rivers, or other water-based rides have occurred. A global study of theme park and amusement ride accidents found an incidents rate for fatal waterpark attractions to be 37%. ⁽¹¹⁾

Head, neck, and back injuries — These injuries happen on rides due to the force of movement or spinning of the rides. For example, the sharp sudden movements of bumper cars and roller coasters can forcefully jerk your head and neck around.

One study found more 28% of amusement ride injuries suffered by children were to the neck and head. ⁽¹²⁾ The study also noted soft tissue damage was the most common type of injury. The most frequent mechanism of injury was “Falling in, on, off, or against the ride.” ⁽¹³⁾

Traumatic brain injury — The effects of various forces, including G-forces, on the heads and brains of passengers on amusement rides is the subject of current research. Conclusions from one study suggested, “These results indicate that head motion and brain deformation during roller coaster rides are highly sensitive to individual subjects.” ⁽¹⁴⁾

In another study, neurological injuries reported in connection with roller coaster rides included: ⁽¹⁵⁾

• Subdural hemorrhage. 
• Internal carotid artery dissection.
• Vertebral artery dissection.
• Cervical nucleus pulposus herniations.
• Spinal cord infarction.
• Intraparenchymal hemorrhage.
• Seizures and hemiplegia.
• Posttraumatic migraine.
• Concussion.

Causes of Accidents

An important factor for undertaking legal action in amusement park accident cases is to understand the possible causes of such accidents.

Causes of amusement park accidents can include:

• Improper maintenance.
• Improper operation of rides.
• Mechanical failure of rides.
• Poor directions or instructions for passengers to follow.
• Poor ride design; the design by nature causes injury.

Any of these can cause an accident with serious injuries or fatalities.

One example would be an accident on a Ferris wheel. A passenger falls out of one of the cars when it turns upside down. This could be due to any one or combination of reasons.

The passenger might not have been told to strap in by the operator. The operator might have neglected to wait until the passenger was strapped in before starting the ride. The ride might have started going too fast because it wasn’t tested and adjusted recently. A gear could have broken. The Ferris wheel could have been used on a night too cold for the parts to function properly.

Once the cause of an accident has been determined, these facts can help support your legal claim against the responsible parties.

Legal Options

Obtaining the services of an experienced attorney helps you understand your legal options.

In amusement park accident cases, a lawsuit can be filed against the park or attraction owners or operators. Or it can be filed against the manufacturers of the ride or equipment involved in the incident. You can also sue a combination of these groups.

These lawsuits can be filed under the legal concepts of product liability or premises liability.

Product Liability

Under product liability the manufacturer has a responsibility to ensure its products are safe and in good working order. If there are defects in the ride or equipment, then the manufacturer can be held accountable.

The manufacturer can be held accountable for three types of defects: ⁽¹⁶⁾

• Design flaws: These are inherent, meaning they exist before the ride or equipment is even constructed.
• Manufacturing defects: These occur during the making or assembling of the ride or equipment.
• Marketing defects: These are in instructions and warnings provided to customers who go on the ride or use the equipment.

Product liability claims can also be based on negligence. Negligence means the manufacturer failed to act with “the level of care that someone of ordinary prudence would have exercised under the same circumstances.” ⁽¹⁷⁾

In negligence cases, an important factor is the “foreseeable” likelihood the manufacturer’s actions would result in harm, the foreseeable severity of harm, and what precautions the manufacturer took to prevent or reduce the risk of harm. ⁽¹⁸⁾

Premises Liability

Premises liability is the park’s responsibility to guarantee safety when crossing the areas of the park and make sure any dangerous areas are noted with signs, barriers, or both.

If the park owners do not adequately and properly maintain the rides or attractions in their park, they can be held responsible for any injuries. Likewise, the owners must see to it the park grounds are safe and maintained, and any repairs are done promptly and properly.

The owners of the amusement park owe a “duty of care” to customers, visitors, and guests. Duty of care is a legal principle of conduct saying the owners must act in “the same manner as a [any] reasonably prudent person in their position would.” ⁽¹⁹⁾

If they somehow breach that duty, they may be held legally responsible for any resulting injuries or damage.

To make a determination, the court also considers if the owners took reasonable steps to ensure the safety of everyone on their property.

How W&L Helps Injured Clients

In New York, you have only 3 years to file a lawsuit for most personal injury cases. ⁽²⁰⁾ So, it is important you file your lawsuit as soon as possible. And because these cases can be complex, the services of an experienced attorney can be most advantageous.

W&L attorneys investigate your accident, review your medical records, file a claim on your behalf, and help you make a demand and negotiate a settlement, or represent you in court.

Should your case go to trial, there is a discovery phase where your attorneys investigate the defendant’s claims. This investigation includes such actions as the deposition of witnesses, gathering of facts, and gathering evidence.

W&L can also help you deal with insurance companies, as they guide you through the complexities of the legal process.

Successful Cases

Our attorneys are dedicated professionals with a track record of success for our clients.

Some of our successes include:

• Recovery of $10 million for a teenage boy blinded in one eye by a broken bungee cord.
• Substantial multimillion-dollar settlement for a traumatic brain injury victim who fell from an apartment building walkway.