How Spinning Ride Accidents Happen: Failure Types and Causes
How an accident happened points to the legal theory that applies and to who may be responsible, so the type of failure is often the first thing worth pinning down.
If a lap bar, harness or seat belt did not lock, released during the ride, or was never checked before the ride started, that is a restraint failure. If the brakes or drive system failed, or metal parts fatigued or fractured, that is a mechanical malfunction.
If riders were let on who did not meet height or weight requirements, restraints went unchecked, or the ride was run outside its design parameters, that is operator error. If the manufacturer's maintenance schedule was not followed, or wear and fatigue went unnoticed over time, that is inadequate maintenance and inspection.
Design defects are different in kind. A ride may be built exactly as intended and still carry a risk in its design. The Consumer Product Safety Commission (CPSC) regulation at 16 C.F.R. § 1115.4 states that "a defect is a fault, flaw, or irregularity that causes weakness, failure, or inadequacy in form or function," and that "a product may contain a defect even if the product is manufactured exactly in accordance with its design and specifications, if the design presents a risk of injury to the public." The same regulation says a defect can also occur in a product's "warnings, and/or instructions." That regulation explains the CPSC's own reporting rules; state courts apply their own defect standards in injury cases.
Where a ride falls within the CPSC's jurisdiction, federal law also requires manufacturers, distributors and retailers who obtain information reasonably supporting the conclusion that a product fails to comply with an applicable consumer product safety rule or a voluntary consumer product safety standard the Commission has relied on, fails to comply with any other rule, regulation, standard, or ban enforced by the Commission, "contains a defect which could create a substantial product hazard" or "creates an unreasonable risk of serious injury or death" to "immediately inform the Commission," unless they have actual knowledge that the Commission has been adequately informed, under 15 U.S.C. § 2064. Fixed-site rides are generally overseen under state law instead, and the agency involved differs from state to state.
For an injured rider, the category matters because it changes whose conduct, and whose records, come into question. None of these categories is established by the accident itself; the cause is established by investigation of the incident, the ride's maintenance records and its inspection history. A person in this position may weigh what they saw, such as a bar that moved or an operator who skipped a check, and ask which records could confirm it.