Should There Be More Federal Oversight of Amusement Park Rides?

It’s the height of carnival season, and for many kids, that means thrills — as in rides like the Skymaster and Jitterbug. Carnival rides are supposed to be a little scary, but terrifying accidents happen every summer due to equipment failure, inconsistent state regulations and human error.

The Sandy Mountain Festival got underway on July 9. By all accounts, there were no problems until the next evening, when a young teen-age girl said she was injured during a scary incident on the popular Skymaster ride. A teen said that while she and friends were on the carnival ride, the harnesses loosened and two of the seatbelts came undone. She said that while she and her friends were screaming to stop the ride, she held onto the harness and braced herself in the seat by pushing her legs against the seat in front of her. Another teen slipped out of her seat and hit her head on the cage enclosure. Fortunately, no one was seriously injured. The ride was operated by Paradise Amusements, LLC based in Post Falls, Idaho. The incident has triggered four investigations – the police, Paradise Amusements, the nonprofit Sandy Mountain Festival Committee and state authorities. Although a representative from Paradise Amusement said a preliminary report indicates the restraint bar may have failed, she also said there were numerous reports of kids intentionally unbuckling their seatbelts, perhaps to boost the thrills.

A few weeks later, a swing ride called the Jitterbug fell over at a Bowling Green, Kentucky Amusement Park injuring 12. Witnesses claim that the ride simply toppled over on its side and fell to the ground, leaving numerous riders trapped in their swing seats when the ride came to a halt. The state agency that oversees amusement park rides was notified; an investigation is ongoing to determine what could have gone wrong.

Who makes sure those traveling rides and rentals are properly maintained, set up and operated? The U.S. Consumer Product Safety Commission regulates how amusement rides are manufactured, but there is no federal oversight over how they are set up, maintained and operated. That job is left to states, and rules vary widely.

When the carnival comes to town, the amusement rides resemble a canister of Tinker Toys with a training and inspection manual. The rides are put up and taken down regularly, leaving them open to the possibility that they may not be properly set up. In moving, assembling and operating that much equipment, there is always the possibility of something going wrong. The continual setup and break down of rides can also lead to wear and tear resulting in possible ride malfunction and injury. While some states are diligent and inspect carnival rides every time they are set up in a new location, others only inspect them once a year. Twenty-four states have comprehensive government inspection and accident investigation programs. Eleven, including Oregon, have minimum inspection and insurance requirements with oversight falling to the private sector. Nine states have partial oversight. No government agency is empowered to track equipment operating in the state, inspect rides, accidents, audit safety records, or shut down unsafe rides.

So, the questions remain: Are those thrilling rides a little too thrilling? Should there be more federal oversight of amusement parks? It may put your mind at ease to know that the risk of being injured seriously enough on an amusement ride to require overnight hospitalization for treatment is one in 9 million, according to the International Association of Amusement Parks and Attractions. The chance of being fatally injured is 1 in 750 million, based on an average of five rides per guest.

What do you think?

Mark Bello is the CEO and General Counsel of Lawsuit Financial Corporation, a pro-justice lawsuit funding company.