I 

WHAT DO YOU DO WHEN YOU ARE INJURED ON AN AMUSEMENT PARK RIDE?           

The first thing you have to do is to report the incident to the ride operator and the business that is operating the ride.   You must fill out a report that contains the following information:           

-Name and address of the accident victim           

-Description of the incident

-The cause of the accident           

-Name and address of the ride operator           

-Name and address of any witnesses

The best time to report the incident is right after it occurs.  If you fail to do so, you should go back to the owner as soon as possible to fill out a report.  The ride owner is supposed to post signs about the reporting requirement and identify where you can fill out and file the report.  Ask for the name of the ride operator and write it down. The ride owner is supposed to have an office or location for reporting accidents that is open during regular business hours. Under the law, you must file the report within 90 days of the incident.  If you fail to do so within this time period, you can apply to court to file a late report up to a year after the accident.  While you can do this on your own, it is a good idea to ask an attorney to do it.  If you fail to file a report within 90 days or get permission to do so within a year, you will be barred from filing a claim or lawsuit for your injuries.  These legal requirements are spelled out in the New Jersey Statutes Annotated, 5:3-57 and 5:3-58.  Ask for a copy of the report so you have one for your records.

If you have a camera or camera phone with you, it is a good idea to take pictures of the ride, the operator and the surrounding area.  Try to get the names and addresses of witnesses. It is also recommended that you report the incident to the police.  This is especially important if the ride is owned by a mobile operator that is working temporarily at a fair or carnival.  Every ride must be licensed and you can secure the name and address of the ride owner by looking at the license posted on the ride.  Large amusement parks generally understand the legal requirements and will cooperate with an accident victim, but not always.

After you arrive at home, it is advisable to write down an account of what happened while it is still fresh in your mind.

II

WHAT CAN YOU DO TO GET COMPENSATION FOR YOUR INJURIES?

An amusement ride operator is required to exercise reasonable care for the safety of its patrons.   A ride owner and operator is legally responsible for compensating patrons for their injuries if the owner/operator was negligent.  

Levinson Axelrod has handled cases against amusement park owners and operators of rides for many years.  Our attorneys understand the requirements of the law and the firm has the resources to take on a company whose negligence causes injuries to others.   We can work on a contingency fee agreement, which means that we do not earn any counsel fees unless we are successful.             

The first thing we do is to investigate the accident right away.  We locate the ride owner, photograph and inspect the ride and hire experts in the field that can tell us what the owner/operator did wrong.  We will file the law suit, handle the case, and try it, if it does not settle.

III

CASE STUDY:   NEGLIGENT AMUSEMENT RIDE OPERATOR           

Ken was attending a local fair and he went on a ride for small children called Turbo Tubs.  This ride was delivered to the one-day fair by a truck. The ride would propel a small tub around and around as it would be raised in the air by the operator.  The young riders could spin the tub around by turning a steering wheel.  Ken was turning the wheel when his shoelace got caught on a protruding screw located on the steering wheel column near his feet.  The column caught the shoe lace, wrapped it around the column and pulled on the leg so hard that it caused a serious fracture.

After the incident, the parents reported the accident to the local police who did an investigation.  It was fortunate that the family contacted the police.  The ride operator was an immigrant who did not speak English.  The police identified the ride operator; took pictures of the scene and recorded the facts about the incident in a report.  The young boy was taken to a hospital where he was x-rayed and splinted.  The next day a pediatric orthopedist placed a special cast on Ken’s leg and later oversaw his physical therapy.  The young victim was confined to his home for three months and was not able to return to normal activities for about six months. The boy missed a great deal of his soccer and basketball seasons. Fortunately, he made a good recovery but had some residual physical problems with his leg that are permanent.

The family hired Levinson Axelrod during the week after the accident.  Our law firm got right to work and located the ride owner.  Our clients did not know about the legal requirement to file a report in 90 days. We filed the incident report with the ride operator well within the 90 day deadline.  I secured a court order allowing an expert to inspect and operate the ride before it was put back into service.  The expert observed the protruding screw and photographed it.   The expert was able to demonstrate that the state regulations expressly forbid having protruding objects on a ride in the vicinity of children: 

“Parts of amusement rides and devices that patrons may reasonably be expected to contact shall be smooth, free from unprotected protruding studs, bolts and screws, sharp edges and corners, rough or splinted surfaces. . .”           
New Jersey Administrative Code 5:14A-7.3

The plaintiff’s expert was able to show that a small plastic cap placed over the protruding screw would have eliminated the hazard. 

Levinson Axelrod filed and pursued the lawsuit.  I took depositions of the ride owner and the state investigator.  I was able to establish that the ride operator was a temporary worker that had not been properly trained.  I was able to find out that the Department of Community Affairs investigated the accident, cited the owner for violations and the owner capped the screw on all the tubs.

The case was settled just prior to trial for a confidential amount.  Ronald Grayzel