Amusement Park Injuries

The recent story about a news reporter's injury while trying out a new ride at Lost Valley, a ski area in Auburn, Maine, raises all of the issues associated with cases against amusement parks. First, neither the host site nor the ride manufacturer had sought a license for the new ride, and both claimed that they "didn't know" that either a license or a safety inspection of the ride were required. Second, the ride a Zorb, is a new form of attraction, at least in the USA. The basic idea is that the riders are sealed inside an inflated, clear plastic ball and rolled downhill. The problem is that the ride idea, the downhill course at Lost Valley, the seller of the ride (apparently), and the park owner were all new. The reporter fractured her back on a test ride (made available for publicity) before the park even opened. With little operating experience to draw on, those responsible for the safety of riders made a string of horrible decisions. Hindsight may be 20/20, but it wouldn't have taken much foresight to guess that the unlicensed, uninspected, ride down a new course with new equipment and new operators might bring trouble. The third point to be made about this case and all other amusement park cases is that while the negligence of the operator may stand out clearly from the beginning, it is important to remember the product liability piece of the case, too. What standards have been promulgated by the amusement industry for this ride? What design analysis did the seller undertake with respect to not only the vehicle/safety restraints aspect of the ride but also the track or ridepath? What instructions, warnings and on-site testing were provided? Product defect theories may be very important, because they can survive comparative fault and "release" arguments that may be made by the ride operator. Release may be an issue where the rider buys a ticket that includes a release of liability.