Amusement park accidents: how the law treats rides gone wrong

Amusement park accidents are one area where the law, fun, and real risk meet. In this niche of the personal injury practice area, questions about duties, fault-finding, and waivers come at lawyers quickly. Here, we will discuss the law governing amusement park accidents and how to structure claims arising from these incidents.

Legal framework for amusement park accident claims

Canadian law treats amusement and water parks like any other occupied premises, but with a higher bar because rides carry obvious risks. Most claims out of these accidents rest on negligence, occupiers’ liability and, in some cases, product liability and wrongful death.

The legal framework on amusement park accidents is governed by provincial statutes and case law. In Ontario, two main laws sit at the center of amusement park accident claims:

Technical Standards and Safety Act

The law that created the Technical Standards and Safety Authority (TSSA). The TSSA is a body that regulates and inspects amusement rides in Ontario, including fairs and carnivals, aside from investigating and reporting accidents and fatalities.

Occupiers’ Liability Act

The Occupiers’ Liability Act (OLA) sets the civil duty of care for park owners and operators in Ontario. Under the OLA, these owners and operators must take reasonable steps to keep their premises safe for visitors across rides, walkways, food areas, and line queues.

When a ride malfunctions, has an unsafe surface, or other hazards that cause harm, injured visitors can frame claims under negligence and occupiers’ liability together. We will discuss these laws below, along with other legal considerations.

Here’s a recent amusement park accident, which also shows how authorities and park owners move when accidents occur:

For support on complex amusement park accident claims, see our special report on Canada’s best personal injury law firms by Canadian Lawyer, one of our sister publications.

Duty of care in amusement park accidents claims

Generally, the OLA provides that owners (or occupiers) of amusement park premises owe a duty of care to take reasonable steps to keep visitors safe in all circumstances. This duty sits under each province’s occupiers’ liability law, which treats park owners as people who control the property and must keep it reasonably safe for their guests.

For instance, park owners are expected by the TSSA to do the following when it comes to this duty of care:

• post clear warning signs for people with health issues, such as the pregnant, those with heart conditions or have a recent surgery, and tell them not to board certain rides
• train staff members to run park rides safely, secure riders properly, watch pools and crowd areas, and even close attractions when something looks unsafe
• carry out regular maintenance, keep inspection records and repair issues that could harm visitors, whether it is as small as a loose bolt, a broken step, or a slippery surface

Lawyers acting for amusement parks must ensure that their clients clearly understand their responsibilities under this duty of care.

Legality of waivers for the duty of care

Ontario law allows parks to try to limit this duty of care, but not without clear notice. Some of these waivers are commonly found:

• at the back of park tickets, or
• on posted disclaimers around the park

Owners may restrict their liability under the OLA, but they must take reasonable steps to bring these restrictions to the visitors’ attention before any injury occurs.

Courts will also look closely at the following details when it comes to these waivers:

• how clear the waiver was
• whether the wording is too broad
• whether it makes sense to enforce it if the park failed to meet basic safety duties

However, park owners should be reminded that while waivers may reduce some claims, they rarely end the story when negligence or serious safety breaches are proven.

Post-accident measures

Once an incident occurs, park operators and regulators will usually do some or all of the following, which is vital in any future lawsuit for personal injuries:

• conduct their own investigations and may close the ride
• make early medical assessment
• gather evidence, such as site photos or witness details
• preservation of documentary evidence, such as tickets or waiver documents

For injured visitors, lawyers can use these statutes and principles to test whether parks, manufacturers, or other parties met the standard of reasonable care that Canadian law expects of them.

Assumption of risk when in an amusement park

Fast drops, sharp turns, and big splashes are part of the appeal of amusement parks. However, visitors should be aware of the risks they are treated as willingly assuming when the law is applied in experiences.

The assumption of risk starts with visitors who accept a basic level of danger, like when they choose high-speed rides or steep slides, especially where warnings are clear, and that the ride is working as designed. This is why everyone visiting a park has some responsibility to follow rules, heed warnings, wear restraints properly, and avoid clear hazards.

Strict assumption of risk under the OLA

The OLA also lists circumstances where this strict assumption of risk applies automatically:

• those who are committing, or have the intent to commit a criminal act
• those who trespass on the premises of an amusement park
• when a person did not pay a fee for a specific park activity

Watch this video to learn more about the key provisions of the OLA:

If you’re someone who is looking for a lawyer to help you with your claim, head over to this directory of the best personal injury lawyers in Canada as ranked by Lexpert, also one of our sister publications.

When risks are not assumed by park visitors

At the same time, park visitors or riders do not assume the following risk:

• poorly maintained equipment
• missing warning signs
• untrained operators

Assumption of risk, just like contributory negligence, usually affects the share of damages rather than removing the right to claim where the park failed to meet its basic legal duties.

Limitation periods in filing a claim for park accidents

To recover damages in amusement park accidents, injured visitors in Ontario generally have about two years from the date of the accident to start a personal injury claim. While there may be extensions for minors or late discovery of injury, lawyers should remind clients that missing this limitation period can end their right to sue entirely.

Within that two-year period, visitors can bring any of the following claims regarding amusement park accidents:

• negligence claims of park owners or operators
• occupiers’ liability claims for unsafe premises
• product liability claims against manufacturers for faulty ride designs
• in fatal cases, wrongful death claims to cover funeral costs, loss of support, and emotional loss

Common defences in amusement park accidents lawsuits

Below are some of the common and effective defences against claims for amusement park accidents:

That there is no negligence on the part of the park owner

First is the “no negligence” defence, where park operators often say:

• that they met the required standard of care under the OLA and by the TSSA
• that the incident came from a freak event or an unavoidable risk

To prove that there’s zero negligence on their part, park owners can point to their:

• inspection routines
• training programs
• written safety policies

All of these support the argument that they took reasonable precautions under the OLA, as required by the TSSA and other applicable standards of care.

That the visitor is irresponsible or at fault

Another defence is to argue that the park visitor was at fault. However, while visitors have duties too, their own duty does not erase the park’s first responsibility under their duty of care.

For lawyers, here’s the legal line of questioning when faced with a claim for an amusement park accident:

• what is the responsibility of the visitor: guests should follow posted rules, listen to instructions, wear restraints properly, and avoid obvious hazards, as warned by the park
• what is the action of the visitor: when visitors do all that, yet are still hurt because the park ignores a safety problem, the law usually treats that as a failure of the park’s duty of care, even if some risk comes with any roller coaster or water slide

In other words, the question is: “Did the incident arise from normal ride risk that the visitor accepted, or from a danger the park should have prevented if it had met its duty of care?”

That the visitor willingly assumed the risk when taking the ride

Assumption of risk is another common shield. Park operators can stress that riders know thrill rides come with speed, height and sudden movement, and that guests accept those risks when they choose to ride.

However, just to reiterate, not everything can be willingly assumed by riders, such as the risk of poor maintenance, missing warnings, or untrained staff. Also, assumption of risk usually reduces damages instead of ending a claim where the park fell short of its legal duties.

Amusement park accidents: Keeping parks fun and claims grounded

When something goes wrong, the law on amusement park accidents steps in, especially where negligence, poor maintenance, or weak training have contributed to injury. Those are legal problems that can support negligence, occupiers’ liability, product liability, or even wrongful death claims when the facts allow it. Ontario lawyers can craft careful claims or defences, helping visitors see that their injuries are taken seriously and reminding park owners that cutting corners can carry legal costs.

Check out our Events page for the upcoming conferences for legal professionals across Canada, where personal injury cases, such as amusement park accidents, are also discussed.