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The Non-amusing Amusement Park Accidents
• lack or insufficient ride safety instructions • poor maintenance • negligence on the part of the amusement park • the rider’s health condition • negligence on the part of the guests Amusement park accidents can result in serious bodily harm or injury to a person. He/she can be a guest or a worker. In 2005, there were more than 15,000 amusement ride-related injuries in the US according to the Consumer Product Safety Commission (CPSC). The most common injuries include: • contusion, abrasion • strain or sprain • laceration • fracture • concussion • internal organ injury The Consumer Product Safety Act defines amusement ride as “any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route within a defined area for the purpose of giving its passengers amusement, which is customarily controlled or directed by an individual who is employed for that purpose and who is not a consumer with respect to that device…” An in-depth investigation conducted by the CPSC revealed several hazard patterns associated with amusement ride-related incidents. Mechanical failures – These include missing safety pins, broken welds or structural components, exposed electrical wires, broken drive chains, malfunctioning lap bars or other safety restraints, failure to shutoff, improper detachment of cars and improper detachment of structural components. Operator behaviors – These include abruptly stopping the ride following an apparent mechanical failure, improperly assembling or maintaining the ride and defeating safety equipment such as brakes and automatic overheat cutoff switches. Consumer behaviors – These include intentionally rocking cars, standing up, defeating safety restraints, sitting improperly such as sideways or with feet above lap bar, holding a child above the safety restraint, and in one instance, a disembarking passenger intentionally restarted the ride by pressing the start button as other passengers were disembarking. Others – Include rides that can injure people while apparently functioning normally, without an unusual or inappropriate behavior on the part of consumers or operators. An example is a hand-powered ride called the “Spaceball” in which the occupant is spun extremely rapidly. Five reports of eye hemorrhage and one report of retinal tear and possible cerebral edema were associated with this ride. CPSC files document reported cases of amusement ride-related cerebral and retinal hemorrhage, subdural hematoma, loss of consciousness, headache and dizziness. Fatalities with little or no overt trauma have occurred during or after rides which induce abrupt changes in speed and direction. For injuries sustained by guests, the law holds the owner or operator of amusement parks responsible under any of the following: • negligence or tort • product liability • premises liability Once liability is established, the victim will be entitled to compensation. The amount awarded may vary depending on the degree of negligence and the extent of the injury or loss. There are law firms particularly in LA, which specialize in amusement parks accidents. To recover what is rightfully due, one who has figured in this type of accident is strongly advised to consult with one. Article Directory: http://www.articledashboard.com Our expert Los Angeles personal injury lawyers are familiar with premise liability claims issues such as amusement park accidents and injuries. You can log on to our website to consult with our lawyers and avail of our free case analysis. |
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