Who May Be Responsible When a Ride Causes a Head Injury
If you are wondering who, if anyone, is answerable for your injury, three legal theories usually frame the answer. Each asks different questions, and an injury on its own does not prove any of them.
Premises liability is the legal duty a property owner or operator owes to people on its property to keep conditions reasonably safe. At a park, that can reach walkways, queues and loading platforms as well as the rides themselves.
Negligence by a ride operator is a related claim. A ride operator is the business, and its staff, that runs the ride day to day. A negligence claim asks whether the operator owed riders a duty of care, whether it breached that duty, whether the breach caused the injury, and what damages resulted. A breach might involve how the ride was run, whether height or health restrictions were enforced, or whether equipment was maintained. Whether each element is met depends on the facts.
Product liability is a claim that a defect in the ride's design, manufacture or warnings caused the injury. It may involve the ride's manufacturer, not only the park, which means the party responsible may not be the one whose name is on the gate. State law sets the standard. For context, a federal reporting rule, 16 C.F.R. § 1115.4, describes how the Consumer Product Safety Commission understands a defect for reporting purposes: "a defect is a fault, flaw, or irregularity that causes weakness, failure, or inadequacy in form or function." A separate statute, 15 U.S.C. § 2064, requires manufacturers, distributors and retailers of products within the Commission's jurisdiction to report information that reasonably supports the conclusion that a product contains such a defect.
Your own conduct can also affect the outcome. Under comparative fault, a court may reduce what you recover by your share of fault. In some states, contributory negligence can bar recovery entirely. These rules differ by state, and the state where the injury happened usually decides which law applies. The site's page on Florida theme park injury law shows how one state's rules work. Questions worth weighing include whether the problem lay in how the ride was run, how it was maintained or how it was built, and which state the park is in; those are points a conversation with an attorney can help sort out.