Recently, two Texas teens fell over 12 feet off a carnival ride and were injured. One of the two teenagers sustained serious injuries, and the other was left with minor injuries. Some witnesses commented that the ride operator had not shut the door to the ride. The International Association of Amusement Parks and Attractions found that over 1,200 people were injured on rides in 2011.
The amusement parks in Texas operate under the rules of the Texas Department of Insurance. Although there is significant oversight of parks, there are many similar accidents in Texas. The most likely reasons for amusement park injuries are mechanical failures such as lap belts or other restraints that don’t work, operator errors such as improperly maintaining the ride, and customer actions such as standing up or sitting improperly.
If you are hurt on an amusement park ride, you may suffer significant injuries. Three types of liability may apply if you are hurt or a loved one is killed on a ride: negligence, premises liability, and product liability. The most straightforward theory is negligence. In Texas, negligence is conduct that is less careful than what a reasonable person would do to avoid the risks of injury to another. For example, in the case described above, the operator could be found negligent for failing to close the door of the roller coaster ride. Operator error is one of the most common causes of injuries on roller coasters.