Volume 1, Issue 8                    The Traut Firm eNewsletter              August, 2005            www.trautfirm.com

Amusement Ride Injuries

Over the past few years, people seem to be getting hurt more frequently on roller coasters and other adventure rides. The cause is usually a mechanical or design defect which results in a failure of a restraining device or a malfunction of an acceleration or braking system. On the other hand, sometimes the cause is rider negligence or foolishness.

The California Supreme court recently upheld the established doctrine that amusement rides are common carriers. Under that doctrine, which pertains to all forms of transportation for public hire (e.g. taxi cabs, trains, and planes), the operator is held to the highest standard of duty under the law. That is, a common carrier ". . . must use the highest care and vigilance of a very cautious person. It must do all that human care vigilance and foresight reasonably can do under the circumstances to avoid harm to the passengers." And that duty is enhanced when it comes to underage passengers.

Thus, if you or a family member sustained injuries while on an adventure ride, so long as you or your family member didn’t cause the injury by doing something crazy, the operator is almost certainly going to be held responsible. And if you think about it, that makes sense. After all, the operator, who is being paid, is the only one with complete control of all that is necessary to ensure your safety.

If you or someone in your family has been injured in an incident involving an amusement ride, contact us by completing our Case Evaluation form or simply call toll free 1-877-Traut-Firm. Consultation is free.  There is no fee unless and until you win your case.

The Traut Firm
"When You Mean Business"