AAJ's
Keep Our Families Safe: Consumer News For Families
Newspaper Columns
Amusement Park Safety
[Column 346, July 18, 2005] | Archived
Columns
By Todd A. Smith*
A four-year-old boy died in June after he passed out on an Epcot
Center ride in Florida. Eleven people were trapped midair on an Arizona
amusement park ride for three hours in May before paramedics rescued
them. In March, a woman fell 60 feet to her death from a ride at the
Rockin' Raceway in Tennessee.
According the latest amusement ride report from the U.S. Consumer
Product Safety Commission, in 2002, mobile amusement rides (rides
transported from location to location) accounted for an estimated
3,000 non-occupational injuries treated in hospital emergency rooms.
Inflatable rides, such as inflatable slides and bounces, accounted
for an estimated additional 2,500 injuries. Fixed-site rides (stationary
amusement parks) accounted for about 3,800 injuries. The CPSC reports
that the data collection system it relies upon for estimating fixed-site
injuries "may be limited."
The data is limited because the CPSC does not have jurisdiction over
fixed-site amusement parks/rides, and there is no single clearinghouse
to collect and analyze reports of deaths and injuries. Only mobile
amusement rides are under CPSC jurisdiction. A death at a fixed-site
amusement park (as opposed to a carnival) may never get reported.
And there are other loopholes that affect how the amusement industry
is regulated in each state.
Some states don't have any regulations when it comes to amusement
park rides. According to the CPSC, nine states (AL, AZ, KS, MS, MT,
ND, SD, TN, UT) do not have state-administered inspection programs
for mobile rides. Fourteen states and the District of Columbia do
not have state-administered inspection programs for fixed-site rides
Lawmakers across the country periodically attempt to mandate safety
inspections of thrill rides. After a woman fell from a ride in Tennessee,
a bill was introduced in the state legislature to require annual inspections
of rides by an approved contractor. Similarly, some legislators in
Arizona—where the governor has approved a $3 billion plan for
two large amusement parks—would like state-mandated safety inspections.
And, in Massachusetts, new state rules require a state inspection
each time an inflatable device 12 feet tall or more (like a moonwalk)
is set up, increased liability insurance for ride owners, and the
hiring of at least one mechanic who is a registered engineer or is
certified by the National Association of Amusement Ride Safety Officials.
The CPSC sets the safety standards for so many children's items such
as strollers and bikes that parents often forget that amusement rides—which
are frequented by children—aren't covered by stringent safety
requirements. For example, according to Saferparks.org, a non-profit
public education corporation, seat belts are not required by law on
thrill rides.
Fixed-site amusement park rides have been exempt from federal safety
regulation since 1981. The exemption is known as the "roller
coaster loophole." A bill sponsored by U.S. Representative Ed
Markey of Massachusetts would repeal the exemption. According to a
press statement issued by Markey's office, the bill would enable the
CPSC "to prevent accidents by ensuring that safety corrections
found necessary in one state are implemented on all similar rides
in all states."
Rep. Markey said, "When families visit our amusement parks,
they expect fundamental safety measures to already be in place. Instead,
the industry keeps stonewalling fundamental safety oversight, leaving
the prosecution of responsible parties as the only deterrent left,
and by then, it is often too late."
For more information about amusement parks and how to pick appropriate
rides for your child based on his/her age, size, and personality,
go to http://www.saferparks.org/preventing_injuries
For information about your states amusement park laws: http://www.iaapa.org/govtrack.html
*Todd A. Smith, president of the American Association for Justice, is a partner in the Chicago, IL, law firm of Power Rogers
& Smith.
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