State and Federal Regulation of the Theme Park Industry

Although the amusement park industry is well known for its ability to provide fun-filled family entertainment, numerous injuries and deaths have occurred in them. In 2001 alone, there were three amusement park fatalities and nearly 8,500 amusement ride injuries treated in hospital emergency rooms. Despite these figures, the industry remains largely unregulated.

Mobile vs. Fixed-Site Amusement Rides

The level of regulation applicable to an amusement ride depends on whether it is classified as a "mobile"or "fixed-site" ride. "Mobile" rides are usually transported from location to location as part of fairs, carnivals, parties or other events. A "fixed-site" ride is one permanently attached to the ground, such as those found in amusement parks, theme parks or like places.

State Regulation

The regulation of amusement rides varies from state to state. Currently, ten states have no state-administered inspection programs for mobile rides. Fourteen states and the District of Columbia have no state-administered programs for fixed-site rides. For example, Florida's theme parks, which account for more than 20% of all amusement park business in the United States, are exempt from state regulatory laws.

Federal Regulation

Currently, no federal agency has the authority to directly monitor the safety of "fixed-site" rides. Since 1981, the U.S. Consumer Product Safety Commission (CPSC), an independent federal regulatory agency, has had some jurisdiction over amusement rides, but solely over mobile rides. The lack of federal regulation over amusement parks and their fixed-site rides is due to "roller coaster loophole" language added to the federal Consumer Product Safety Act in 1981.

The "roller coaster loophole" exempts fixed-site amusement rides from CPSC's jurisdiction, preventing the investigation of theme park accidents by federal safety experts. It also prevents the CPSC from conducting safety inspections, requiring modifications and upgrades where necessary, and establishing a national safety information clearinghouse for amusement park rides, which could help prevent injuries and save lives.

Reporting Amusement Ride Injuries

Unless regulated, amusement parks, carnivals and fairs are not required to report ride injuries or the results of safety inspections. Because of this lack of required reporting, there is an insufficient amount of data regarding amusement ride safety, keeping consumers from being able to fully evaluate amusement park safety.

Liability for Amusement Ride Injuries

Amusement parks, carnivals, and fairs may be sued for injuries under a variety of theories, including premises liability, negligence and products liability. However, obtaining a recovery for an amusement ride injury is generally quite difficult for some of the following reasons, among others:

• The most common injury is to the neck or back, with resulting pain but no other physical manifestation. Because such injuries are not visible, proving their existence or that they were caused by the ride is not easy
  
  

• When there is no regulation, the amusement park often controls and conducts the investigation, making it difficult to collect evidence for a successful lawsuit
  
  

• Owners and operators of amusement parks are not required to protect patrons from every conceivable danger or hazard; i.e., they are not insurers of their patrons' safety
  
  

• In some jurisdictions, a patron's failure to obey written or oral safety instructions may greatly reduce or completely bar recovery
  
  

• Several states have "recreational use immunity" statutes that immunize property owners from liability when they open their property to the general public free of charge
  
  

• Courts may hold that the patron "assumed the risk" of injury by choosing to go on the ride, thereby precluding recovery