Chicago Amusement Park Injury Lawyer - Article

Amusement Park Injuries

The Consumer Protection Safety Commission estimates that 5,000 injuries requiring a trip to the hospital occur annually at amusement parks across the country. This number, however, is just an estimate.

The actual number of serious injuries that occur at amusement parks on a yearly basis is not known. This is due to the “rollercoaster” loophole in the Consumer Product Safety Act of 1981. Under this law, the Consumer Protection Safety Commission can’t regulate rides that are fixed to one spot. What this means is that while they can, and do, regulate travelling fair rides and carnivals, they cannot regulate and monitor rides that never move to a different location.

There are a variety of factors at fault for amusement park accidents. The four main causes are:

• Consumer behavior
• Operator negligence
• Mechanical failure
• Design defects or limitations

Consumer behavior can cause injury when a park guest intentionally does something that puts him or herself at risk for injury. This can include rocking the car, standing up, compromising a safety restraint, sitting improperly, and holding a child above the safety restraint.

Operator behavior causes injuries when the operator of the ride does not do something that is meant to protect the passengers of the ride, or when the operator makes a decision that endangers the safety of others. Examples include abruptly stopping the ride and improperly maintaining or assembling the ride.

Mechanical failure is the broadest of the categories. It can include everything from missing safety pins to broken welds. Other types of mechanical failure include broken structural components, exposed electrical wires, malfunctioning lap bars or other safety restraints, and a failure to shut off.

Design defects and limitations are the cause of injuries that are due to some inherent flaw in a ride’s design. Rides that injure people without any unusual behavior on the part of the operator or the consumer fall into this category.

If you have been injured at an amusement park or a travelling fair, contact the Chicago amusement park injury attorneys of Friedman & Bonebrake at 312-466-8200 to discuss your situation and to determine your legal options.