Child Injury Laws - By Jonathan Rosenfeld

Several years ago, my office represented a boy who fractured his legs after he was thrown from a water slide at a large water park to the concrete pavement below. 

Our investigation into the matter revealed that the boy should never have been permitted on the slide because he was grossly under the weight requirements set forth by the designer of the slide.  Further, we soon discovered that the water park operators elected to use their own tubes—that were inappropriately sized for the slide.

For me, the water park incident was a real eye-opener into the compromised safety standards used at many water parks, carnivals, fairs, amusement rides and theme parks. 

I quickly learned that many ride and amusement operators are far more concerned about the profitability of their operation than the safety of the people who use them. 

For smaller scale carnivals and fairs, the seasonal nature of the business leads to situations where rides may be pushed beyond the scope for which they were designed.  Improperly assembled rides, untrained workers, delayed repairs and rides used during poor weather have become far too common practices used by the industry to maximize profits. 

Even larger, established amusement parks, can share many of the similar problems of their smaller peers mounted with the complexity of larger-scale rides and the never-ending desire to have bragging rights to the biggest, fastest and scariest ride available.

Innocent fun, needless tragedy

There’s no doubt that everyone going to an amusement park is there for one reason: to have fun!  The exciting atmosphere, crowds of people and frequently—the darkness of night, make it very difficult for patrons to spot problems with machinery or other potential safety concerns.  Knowing these difficulties, it is incumbent on carnival ride operators to take all reasonable steps to ensure the safety of their patrons. 

In some circumstances involving carnival ride injuries; the operator of the ride may be responsible due to their failure to:

• Ensure height / weight requirements
• Replace broken parts
• Use safety belts and harnesses
• Load and unload the ride as intended by the manufacturer
• Inspect the ride for wear and tear
• Assemble the ride properly
• Not adequately training rider operators
• Under-staffing rides allowing inadequate supervision

Yet, other situations involving carnival ride injuries may lead to an issue involving the negligent design of the ride-- giving rise to a claim against the manufacturer and/or designer of the ride.  In some circumstances, amusement park designers fail to account for the weather conditions that the rides are operated under and parts and welds simply fail due to extreme temperatures and rain.

Innocent Fun, Complex Cases

Given the severity of some amusement park injuries, it is essential that the culpability of all parties be carefully evaluated in order to achieve fair compensation for the individual. When an amusement park injury involves a young person, it is crucial that the future medical and care requirements be evaluated by doctors and other specialists prior to discussing settlement with the insurance company.

Knowing the unfair bargaining position between an injured person and an insurance adjuster, some insurance carriers representing amusement operators have elected to try to resolve injury claims as quickly as possible.  While an offer to settle may be temping, the overwhelming majority of the time the offer is completely inadequate and unfair. 

Before entering into any agreements or accepting any settlement offers, folks injured on a carnival ride may choose to consult with lawyers who have experience litigating and settling these type of cases to help ensure they are not getting the short-end of the deal.

Rosenfeld Injury Lawyers represents adults and children injured in different types of amusement, carnival and water park settings.  We are positioned to fully examine all aspects of your case with your best interest in mind.  Contact us today for a free evaluation of your personal injury case today.

Related Child Injury Laws Blog Entries:

Children In Amusement Parks & Carnival Rides: It's Not All Fun And Games

Authorities Look For Answers Following Boy's Death In Roller Coaster Accident

Backyard Fun: Rented Play Rides Need To Be Set Up Properly To Protect Children

A reminder of the dangers posed to children by rented play equipment made headlines in Chicago when eight children were sent to the hospital for various types of injuries they sustained when an inflatable slide tipped over while the children were upon it. 

According to Chicago Sun Times reports, the inflatable slide was rented from a carnival equipment rental company for an end-of-the-year party at Robinson School in Lyons, IL. When the slide tipped over, many of the children where thrown into the asphalt surface resulted in cuts and bruises that required medical treatment at local hospitals.

Backyard Play Safety

Now that the backyard play season is upon us, it important to remember to conduct a review of all play equipment (swing sets, trampolines, bouncies) prior to allowing children to use it.  

Of course its tempting to allow children access to both backyard play-sets and rented equipment, but an initial safety inspection can help reduce the chance of children sustaining serious injuries--needlessly.  

An inspection of all children's play equipment should include:

• Careful inspection of all moving parts
• Review all screws and nuts to make sure they are secure
• Look at wooden structures to make sure there is no wood rot
• Inspect the area around the play equipment to make sure surfaces are not unreasonably dangerous-- or sharp edges
• For rented play equipment, make sure all usage instructions are reviews by person assembling
• Inspect all footings to make sure the devices is safely secured and stable
• Always supervise children on equipment

As parents, it is important to remember to take these basic steps to help ensure the safety of our kids while on play equipment and carnival rides.  Remember, when in doubt, always put aside the equipment until the problems has been remedied or corrected-- and contact the pros to do complex repairs.

Related:

Children In Amusement Parks & Carnival Rides: It's Not All Fun And Games

Authorities Look For Answers Following Boy's Death In Roller Coaster Accident

6 Tips To Lessen The Chance Of Your Child Sustaining An Injury On A Trampoline

Amusement parks and carnivals are a fun attraction, especially for children.  The rides, the games, the shows – all are developed to entertain and amaze.  However, these places for fun and revelry can also pose serious dangers.

In Illinois, all amusement parks and rides that are open to the public must be inspected and obtain a permit before the first operation, and every year thereafter. 

The Illinois Department of Labor (IDOL) is responsible for these inspections, and inspects about 5,000 rides every year.  The fine for operating an amusement ride that is open to the public without a current Illinois permit is guilty of a Class A misdemeanor with fines up to $2500.  Facilities that require inspection include:

• Carnival rides
• Ride simulators
• Carousels
• Ski lifts
• Trains
• Rope tows
• Mechanical bulls
• Go-kart tracks
• Haunted houses.  

The Illinois Carnival and Amusement Ride Safety Act sets out the rules, requirements, and penalties for amusement ride safety.  The Illinois Department of Labor released a May 2010 press release on safety guidelines for amusement ride customers and parents:

• Check for a current IDOL permit sticker
• Read and obey safety rules about height, weight, and age
• Listen to the ride operator and follow instructions
• Do not run around the rides
• Always use safety equipment
• Watch extremities – arms and legs inside ride
• Talk to your children about the ride so they know what to expect
• Never force a child to go on a ride
• Stay seated until instructed
• Immediately report unsafe conditions or rides without a current IDOL permit to police and IDOL at 217.782.9347

The safest way for a child to ride an amusement park ride is in a seated position with feet on floor, butt on seat, and holding on with both hands.  If your child is too small to reach all of these bracing points, they should not ride. 

Amusement rides are exciting and fun with the high speeds, climbing hills, and breath-catching drops, but they can also result in dangerous and sometimes deadly accidents.  Children are particularly susceptible to injuries at amusement parks.  Half of all amusement ride accidents and three-quarters of accidents where a rider is ejected or falls from a ride involve toddlers, preschoolers, and elementary school-age children.  The U.S. Consumer Product Safety Commission (CPSC) reports that 2/3 of all ride-related injuries involve children. 

Action is required by amusement ride designers, ride operators and parents.  Designers should design in additional safety precautions especially on rides that are geared towards young children, taking into account their size and whether they should be allowed to ride alone. 

Ride operators should ensure that children have proper supervision and should not run the ride if they cannot maintain safe behavior.  And, parents need to provide better supervision, follow safety instructions, and decide which rides their children should ride.  It can be helpful to watch the ride with your children before they ride so they know what to expect and can better decide if they want to ride and whether you are comfortable with them riding.  When teaching your child how to be a safe rider, remember the 3 R’s of ride safety – Rides, Rules, and Rewards. 

• Rides – teach your children how rides work and what to expect, and how to follow the safety procedures

• Rules – teach your children the rules they have to follow on every ride and how to sit

• Rewards – it is important to reinforce good behavior through praise, point systems, and earning the privilege to try new rides. 

It is important to reinforce good behavior and correct unsafe behavior.  Amusement parks should be a fun experience, but not at the detriment to your children’s safety. 

Most amusement parks offer rides that are safe most of the time, but rides can present additional dangers for small children.  Therefore, parents need to be aware of the safety requirements and pay attention so as to make decisions on which rides are safe for their children to ride.  It is important to remember that children can become excited or even scared on amusement rides and may not always act responsibly.  Therefore, it is important to teach your children how to be safe riders and provide supervision. 

Thank you to Health Keil, J.D. for her assistance with this Child Injury Laws entry.

Resources:

Illinois Department of labor: IDOL Provides Safety Tips for Facilities Enjoying Amusement Parks, Street Festivals and Carnivals

IDOL: Carnival and Amusement Rides Safety Act

Safer Parks

Channel 3000: State Report Blames Operator Error for Amusement Park Injury

International Association of Amusement Parks and Attractions

School-Age Children Guide – Amusement Park Safety

LA Times: Carnival Safety Tips for Your Kids

Child Safety: Keeping Kids Safe at Amusement Parks

Safe Parks: Child Safety Techniques for Prevention of Amusement Ride Accidents

United press international: Terms Reached in Amusement Park Plunge