Philadelphia Injury Attorney Blog

While the Consumer Protection Safety Commission estimates that the number of serious injuries on amusement park rides continue to increase dramatically, there are serious loopholes in the Consumer Product Safety Act of 1981 which prohibits the CPSC from regulating and enforcing the safety of all rides that are fixed to a specific site. Unfortunately, there is no official source which keeps a complete record of amusement park accidents. As an experienced amusement park accident attorney who has investigated and litigated some of the most horrific amusement park accidents that one can imagine, the one thing that I do understand is there is something fundamentally wrong with the checks and balances and safety protocol of the amusement park safety system as it currently exists in America.

Many times local and state regulators who currently oversee amusement parks lack effective budgets, resources, and technical expertise to carry out effective safety checks and investigate accidents. Our experiences reveal that when we conduct independent unbiased examinations and analysis of an amusement accident, the results are greatly at odds with the opinions of local regulators and authorities.

According to news sources, Lego Land in Florida reported six mishaps involving guests that occurred during its first two and a half months of operation but claim none of the instances appeared to have serious injuries. Believe it or not a Florida statute exempts Lego Land in Florida and many other major theme parks in Florida from regulation by the state bureau even though the attractions are required to submit quarterly incident reports. This exemption applies to theme parks of at least 1,000 employees and their own inspection staff. While many of the parks claim that safety is their number one concern and claim they have a duty to report any serious injuries or major incidents, the obvious question is begged as to what is a “serious incident".

I have always believed that one must stand for something or you will fall for anything. It is only when a horrific accident involving a catastrophic injury or wrongful death occurs at an amusement park that the victim or the family of the victim feels the true betrayal of an inefficient regulatory system.

Unfortunately, money, power, and greed of the amusement park industry often leads to unnecessary injuries and worse yet death.

As an experienced amusement park and carnival accident attorney, I believe that leaving the power of amusement park regulation to local and state agencies where the amusement park corporation is a major source of economic income to the community is analogous to the “fox guarding the hen house".

Amusement park safety is priority number one for the amusement park accident lawyers of Reiff and Bily. We believe that everyone deserves a safe amusement park governed by a uniform board of federal and national laws, and that cutting corners and not placing safety first is never an acceptable option.

According to news sources, state officials in Florida agreed to spare Lego Land Theme Park from safety oversight due to the fact that it qualifies for a 22-year exemption that was initially written into Florida law for Walt Disney World and other theme parks. Accordingly, this will make Lego Land the fourth park owner in Florida to operate free of state ride safety regulation. The others are noted to be Walt Disney Company, NBC Universal, Sea World, and Busch Gardens, Tampa Bay. A Lego Land spokesman noted that “Within our industry, it is common practice for theme parks to govern themselves as far as ride inspections go."

Under Florida law, if a theme park has a minimum of a thousand employees, they are exempt from the state inspection and permit requirements. Florida law requires exempt parks to employ full time in-house safety inspectors and to file affidavits with the state certifying that each of the rides has been inspected.

As an experienced amusement park and theme park accident attorney who has investigated and prosecuted a good number of amusement park accidents involving catastrophic injuries and death, I question the validity or integrity of the amusement park industry claims that they have proper motivation to take safety precautions due to the fact that negative publicity creates a public backlash which affects their profitability and stress that the state should focus on traveling fairs or carnivals rather than larger theme parks that are more sophisticated. Director of Maintenance of Lego Land stated that the parks in-house inspections will go well beyond what would otherwise be conducted by the state and he is quoted as saying, “I think we have more expertise. We surpass what the state is asking as far as inspections." Lego Land also claims that it will contract with a third party recreational engineering company that will conduct certain types of tests and submit required documentation to the state.



Continue reading "When Roller Coasters and Other Rides Open At A Theme Park Next Month, They Won’t Have To Undergo Any State Safety Inspections - Amusement Park Attorney Weighs In" »

In mid-August 2011, a portion of the mast of Sea Dragon amusement ride at Morey’s Pier in Wildwood, New Jersey fell onto riders in yet another amusement park accident. Although the mast performed no mechanical or structural function, and was utilized solely as decoration, a danger was obviously presented to thrill seeking riders of the amusement attraction. According to the preliminary report issued by the New Jersey Department of Community Affairs Division and Carnival Amusement Ride Safety, the mast falling was caused by the failure of parent steel that connected the lower and top portions of the mast. The mast is constructed of two pieces of piping/tubing. The top of the mast was constructed with thin wall tubing while the lower portion was constructed of the heavier wall material, the report states that pieces were welded together about halfway up the height of the mast. The top half of the mast, the piece that fell, was sitting on top of the lower half and was welded with a filet weld to the plate. There was significant corrosion on the interior of both the thin walled section of the mast, as well as the plate that was used as a means to connect the lower and upper portion of the mast, the State concluded. “When the material above the weld failed, there was no secondary support to keep the mast from separating and fell". The broken mast fell upon riders injuring 5 and the State has now only allowed similar rides to operate if the mast is removed.

As an experienced amusement park accident attorney who has handled a number of claims at seashore amusement park and resorts and an experienced sailor who has spent a great deal of time in salt water and ocean environments, I have always expressed concern for metallurgical failure and corrosion in salt air when the natural seaside environment elements comes into contact with metal.

I am concerned that many seashore amusement parks fail to properly inspect and train employees often placing profitability ahead of safety. Our experienced amusement park accident attorneys have investigated and successfully handled a number of claims in amusement and product failure, metallurgical failures due to corrosion, defective product design, and/or inadequate training and maintenance procedures. Safety should always be priority number one when it comes to thrill seekers who come to amusement parks.

The experienced amusement accident lawyers of Reiff & Bily have received top accolades for over three decades of representing catastrophically injured victims and their families who have been wrongful killed as a result of the negligence of others or defective product design or maintenance.

Recently we have joined forces with the legendary Beasley Firm and together our attorneys have been awarded over $2 billion dollars since the mid-1950's. We always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.