Amusement parks are intended to be sources of excitement, but when rides fail or safety precautions break down, the results are catastrophic. Roller coasters are especially prone to risks because they travel at such high velocities, drop so steeply, and exert such massive forces. Even though most parks have rigid safety standards, sometimes accidents do happen—through sheer carelessness, faulty equipment, or operator mishap.
If you or a family member has been hurt in an amusement park or roller coaster accident, you might have a right to sue. Knowing your rights, the possible responsible parties, and the legal process can assist you in pursuing the compensation you are entitled to.
Common Causes of Amusement Park and Roller Coaster Accidents
Amusement park and roller coaster injuries can occur for various reasons, including:
- Mechanical Failures – Malfunctions like abrupt halts, defective tracks, loose safety restraints, or faulty brakes may result in severe injuries.
- Operator Error – Ride operators are required to adhere to strict safety protocols. Negligent behavior, including not properly securing passengers or ignoring safety procedures, can cause accidents.
- Design or Manufacturing Defects – Certain amusement park rides are inherently defective in design and are therefore unsafe. If a ride has a problem history, the manufacturer may be held responsible.
- Poor Maintenance – Amusement parks are in charge of daily inspection and upkeep of their rides. Neglecting to change worn-out parts or carry out safety inspections could endanger visitors.
- Inadequate Safety Notices – Visitors with medical conditions, like heart issues or blood pressure problems, should be adequately advised on the dangers of extreme rides. Inadequate signage may result in avoidable accidents.
- Guest Misconduct – While a number of accidents result from neglect on the park’s part, some are the result of guests’ not abiding by safety guidelines, i.e., getting up in the middle of the ride or tampering with the safety restraint system.
Types of Accident Claims in California
There are various types of accident claims, each governed by specific legal standards and procedures. Some of the most common include:
- Car Accidents: California is a fault-based state, so the driver at fault pays for damages. The most common types of car accidents include distracted driving, speeding, reckless driving, or DUI accidents.
- Animal Attacks/Dog Bites: In California if you were injured by an animal owned by another individual, the owner of the animal is liable for your injuries and compensating you for your damages. These cases are considered strict liability, and difficult for the owner of the animal to defend. The most common type of animal attack that we handle are dog bites.
- Workplace Accidents: Workers who are hurt on the job can receive workers’ compensation benefits. But if the injury was caused by the negligence of a third party, further claims can be made.
- Slip-and-Fall Accidents: Property owners are responsible for having safe properties. When hazards such as wet floors, defective stairs, or inadequate lighting result in injury, victims can pursue compensation with a premises liability action.
- Medical Malpractice: When doctors or healthcare providers perform below professional levels, causing damage or death, victims can lodge claims for medical malpractice.
- Product Liability: Faulty or harmful products that result in injury can lead to a cause of action against producers, sellers, or distributors.
- Wrongful Death: In the case of an accident leading to death, the surviving relatives can bring a wrongful death action to claim justice and compensation.
Each type of claim has specific legal considerations and deadlines, making it essential to consult an attorney as soon as possible.
Types of Injuries in Amusement Park and Roller Coaster Accidents
The injuries resulting from amusement park accidents can range from mild to life-threatening. Some of the most common injuries include:
- Head and Traumatic Brain Injuries – High-impact rides may result in whiplash or even head injury when a guest bangs their head on a hard object.
- Spinal Cord Injuries – Sudden jolts or collisions may cause serious spinal cord injury, which can lead to paralysis.
- Broken Bones and Fractures – Sudden malfunctions of rides or falls off rides can result in broken legs, arms, ribs, or other fractures.
- Internal Injuries – Sudden impacts may result in internal bleeding or injury to vital organs, occasionally without apparent symptoms.
- Drowning Accidents – Water park attractions or rides with pools may be drowning hazards if safety precautions are not established.
- Burns and Electrocution – Malfunctions or fires due to ride defects can lead to serious burns or shock injuries.
Who Can Be Held Liable for an Amusement Park or Roller Coaster Injury?
Determining liability in an amusement park accident can be complex, as multiple parties may be responsible, including:
- The Amusement Park – Park operators and owners have an obligation to make all rides safe. They can be sued for injuries if they do not properly inspect or maintain the rides.
- Ride Manufacturers – If a roller coaster or other ride has a faulty design or manufacturing defect, the company that made it might be held liable.
- Maintenance Contractors – Third-party contractors are hired by some parks to carry out maintenance. Where such negligence results in an accident, these contractors are held liable.
- Ride Operators and Park Employees – Both the park and the operator would be liable if an employee doesn’t comply with safety protocols, doesn’t buckle restraints, or operates a ride in a negligent manner.
Other Visitors – Occasionally, a visitor will result in an accident by deliberately disturbing a ride or defying safety regulations, resulting in injuries for other park patrons.
Filing an Amusement Park or Roller Coaster Lawsuit
If you have been harmed in an accident at an amusement park, legal action can help you recover medical bills, lost income, and pain and suffering damages. Here are the top steps in suing:
- Seek Medical Care – Even if a wound appears minor, obtaining a medical assessment is important. Some wounds, like concussions or internal injuries, do not necessarily exhibit immediate symptoms.
- Report the Incident – Alert park administration and make sure that a formal accident report is completed. Get a copy for your files.
- Collect Evidence – Photograph the scene, record your injuries, and obtain contact details of witnesses.
- Maintain Documentation – Save medical bills, receipts, and any correspondence with the theme park or insurers.
- Consult an Attorney – A qualified personal injury attorney who specializes in amusement park accidents can assist you in determining your legal rights and walk you through the claims process.
Challenges in Amusement Park and Roller Coaster Lawsuits
Lawsuits against amusement parks can be challenging due to various legal defenses and obstacles, such as:
- Liability Waivers – Most theme parks make guests sign liability waivers upon admission. Such waivers don’t always immunize the park against negligence or gross misconduct claims.
- Multiple Responsible Parties – It is difficult to identify all responsible parties, particularly when third-party contractors or manufacturers are involved.
- Insurance Company Strategies – Amusement parks and ride manufacturers tend to have strong legal staff that try to deny or downplay claims.
- Statute of Limitations – In California, victims of injuries generally have two years from the date of accident to bring a personal injury claim. Failure to do so may lead to forfeiture of the right to recover damages.
What Compensation Can You Receive?
If you successfully file a lawsuit against an amusement park, you may be entitled to compensation for:
- Medical Bills – Covers hospital stays, surgeries, rehabilitation, and ongoing medical care.
- Lost Wages – If your injuries prevent you from working, you may be compensated for lost income.
- Pain and Suffering – Includes emotional distress, PTSD, and reduced quality of life due to the injury.
- Wrongful Death Claims – If a loved one has died due to an amusement park accident, their family members may pursue compensation for funeral expenses and financial losses.
How a Lawyer Can Help
Navigating a lawsuit against an amusement park or roller coaster manufacturer requires strong legal representation. A skilled personal injury attorney can:
- Investigate the cause of the accident and determine liability
- Gather evidence, including maintenance records, eyewitness statements, and expert testimony
- Negotiate with the amusement park’s insurance company for a fair settlement
- File a lawsuit and represent you in court if necessary
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
