THEME PARKS AND THRILL RIDES: THE CONSUMER'S RIGHTS & REMEDIES

February 2, 2001
By Judge Thomas A. Dickerson & Brenda V. Mechmann
[1]

Although amusement parks and carnivals have been providing entertainment to consumers for several decades[2] it was not until the advent of large theme parks such as Disney World[3], Busch Gardens [4] and Six Flags Great America[5] that tour operators began to feature theme parks as a destination in their tour packages. Theme parks provide amusements as well as hotel accommodations, restaurants and much, much more. Theme parks are big business with the price of a one-day adult admission recently breaking the $50 barrier[6]. Problems experienced by tourists visiting theme parks include those which, typically, occur at hotels and resorts[7] as well as those that, typically, occur at amusement parks such as slips, trips and falls[8] and more traumatic injuries caused by defective or negligently maintained or operated thrill rides.

Thrill Rides

Thrill rides attract more and more tourists every year.
" Adventure seekers have turned to roller coasters for fast, gravity-defying thrills since the 1920s when wooden coasters picked up speed and clackety-clacked around rickety tracks at speeds of 65 mph-slow by today's standards "[9].
In response to consumer demand for ever faster thrill rides amusement and theme park owners " challenge each other to build the fastest, the tallest, the loopiest coasters "[10]. Not surprisingly, there has been a dramatic increase in accidents with the U.S. Consumer Product Safety Commission reporting that in
" 1998...there were 9,200 amusement park injuries treated in emergency rooms, 2,100 involving mobile rides, 4,500 fixed rides and 2,600 where the type of ride was not known...the largest group of deaths, 11 in the 1987-99 period, involved roller coasters. Whirling rides, like the one at Coney Island were involved in 10 deaths, water rides in 4, trains in 3 and Ferris wheels in 2 "[11].

Accidents On Roller Coasters

Roller coaster accidents include those on the famous:

(1) Demon Coaster [ Proffer v. Six Flags Great America, Inc.[12]

( " plaintiffs are sixteen persons left suspended in the air for as long as two hours due to a roller coaster malfunction " )];

(2) Shockwave [ Rucker v. Paramount Parks, Inc.[13] ( hearing loss in right ear during roller coaster ride )];

(3) Texas Giant [ Cox v. Six Flags Over Texas, Inc. [14] ( minor child cut on left ear during Texas Giant roller coaster ride )];

(4) Rattler Roller Coaster [ Howard v. Fiesta Texas Show Park, Inc.[15] ( while riding the Rattler Rollercoaster...( patron ) experienced pain in his neck that radiated toward his right shoulder...disc herniations " )];

(5) Space Mountain [ Trosclair v. Walt Disney World Company[16] ( injuries from sudden and unexpected stop of roller coaster )];

(6) Hercules [ Eljiza v. Dorney Park Coaster Company[17] ( injury allegedly caused by defective seat belt ) ] and on other roller coasters[18].

Accidents On Other Thrill Rides

Tourists have been injured on other types of thrill rides including:

(7) Water Slides [ Dombrowski v. Larson Lodge ( patron drowned at water theme park owned by Water Mania ); Rivere v. Thunderbird, Inc.

( " This ( water ) slide was arranged so that the... ( end of the slide ) protruded over a man-made lake which was used for swimming...the depth of the water was about three feet...Rivere described the slide which resulted in his injury as a head-first one which terminated in his hitting the bottom of the lake, sticking in the sand up to his ears...he was stunned necessitating a rescue " )] [19];

(8) Flying Chairs [ Bobryk v. Lincoln Amusements, Inc.[20] ( minor child's " violent fall...from... an amusement park ride called the ' Chair Plane a/k/a Flying Chairs ' " )];

(9) Go-Carts [ Golt v. Sports Complex, Inc.[21] ( Pacer 3000 go-cart attraction; patron injured during rear end collision with another go-cart )];

(10) Typhoon Lagoon [ Weintraub v. Walt Disney World Co. ( patron injured during Typhoon Lagoon ride ); Wincek v. Walt Disney World Co. ( patron fell while assisting granddaughter near Typhoon Lagoon )] [22];

(11) Hot Air Balloons [ Love v. Maritz, Inc.[23] ( a tour operator provides an unsafe balloon ride in Cave Creek, Arizona that crashes and burns two of its passengers to death ); Coleman v. Charlesworth[24] ];

(12) Running Rapids [ Dantzler v. S.P. Parks [25] ( " an injury allegedly occurred when plaintiff was riding the ' Running Rapids ' water course " )];

(13) Runaway Rapids [ Eves v. S.P. Parks, Inc.[26]
( " Runaway Rapids ( is ) a water slide which patrons ride down on a large inner tube...plaintiff began to descend the slide ( and ) was propelled with such force that he was dislodged from the tube " )];

(14) Whitewater Falls [ Faulkner v. Carowinds Amusement Park,[27]

( " While standing in the viewing area of the ' Whitewater Falls ' ride...( She ) saw a hugh wave of water crash through a barrier and come toward her...in attempting to evade this water, (she ) slipped on the slick floor and fell backwards " )];

(15) Pony Carts [ Allen v. Nicole[28] ( business dispute ) ];

(16) Great Movie Ride [ Caprizzano v. Walt Disney World Company[29]  ( patron suffered injuries during the Great Movie Ride; " She contends that part of the ' alien ' attraction was responsible for her injuries " )];

(17) Aqua Skoots [ Domond v. Great American Recreation,Inc. [30] ( during ride on Aqua Skoot ( patron ) " fell backward and struck her head on metal rollers " ) ];

(18) Bahama Bob-Slide [ Desai v. Silver Dollar City, Inc.[31]

( " Welcome to Bahama Bob-Slide. This is a thrilling ride...she was injured when, after going down the water slide at White Water in a raft as she had numerous times, she got out of the raft... and was struck by another raft ";
assumption of the risk )];

(19) Twizzle Flop [ O'Connor v. Busch Gardens [32] ( patron injured trying to negotiate the Twizzle Flop attraction )];

(20) Teacup Ride [ Old Indiana Limited Liability Company v. Montano[33] ( " child was injured when she fell from the ride " )];

(21) Slippery Slopes [ Greenwood v. Busch Entertainment Corp.[34]

( " Mr. Greenwood sat down on the top of ( the water slide ) and used his hands to push himself forward... At the end of the slide, Mr. Greenwood landed feet-first in the three foot deep splash-down pool and his heels hit the bottom of the pool...fracturing his left heel " )];

(22) Sky Splash [ Rossetti v. Busch Entertainment Corp.[35]

( " The Sky Splash consists of a water slide on which small groups of park patrons descend in oversized rafts. At one point, the raft rose and came down hard, jolting plaintiff " )];

(23) Wet'n Wild's Wave Pool [ Wet 'N Wild Florida, Inc. v. Sullivan.[36] ( patron injured pulling drowning victim from wave pool ) ];

(24) Riverboats [ Orgeron v. Opryland, U.S.A. [37] ( slip and fall disembarking from a riverboat, the General Jackson )];

(25) Barnstormer [ Sells v. Six Flags Over Texas, Inc. [38] ( " alleging that Sells was severely injured when she fell exiting the " Barnstormer " airplane ride " )];

(26) Snow King's Alpine Slide[39]

( " The ride involved navigating a wheeled bobsled down a winding trough-shaped slide built of fiber reinforced concrete... as he began to go down the slide, his sled gathered momentum, hit a dip in the slide and launched into the air...caused him to suffer debilitating back injuries " )];

(27) Loop-O-Plane [ Waguespack v. Playland Corp. [40] ( as the ride " came to (a) violent and jerky stop, her head...was jerked and snapped so violently that she sustained a fracture of the second cervical vertebrae " ) ];

(28) Ferris Wheels [ Shannon v. Fleischhooker [41] ( business dispute ) ];

(29) Pirates of the Caribbean [ Neubauer v. Disneyland, Inc. ( injuries to passengers when boat in which they were sitting was rammed from behind ); Walt Disney World Co. v. Blalock,( " the thumb of a ten year old boy...was amputated ( when his boat bumped into another boat ) ") [42] ];

(30) The Wheelie [ Harlan v. Six Flags Over Georgia [43]

( " The Wheelie is an amusement device consisting of 21 cars mounted on the sprockets of a wheel attached to a mechanical support arm, which is mounted in a concrete and steel base " )];

(31) Sky Rides [ Fraley v. Lake Winnepesaukah, Inc.[44]

( " The Sky Ride is fashioned after a ski left...( Patron ) contends...there was a jolt or jerk that caused her brother to fall from the chair and that she fell while grabbing after him...( She ) broke her ankle " )];

(32) The Skyride [ Bregel v. Busch Entertainment Corp.[45] ( while riding in Skyride, a monocable system transporting visitors in amusement park, patron's elbow injured when another gondola car bumped into her )];

(33) Wild Moose Lodge [Sandow-Pajewski v. Busch Entertainment[46] ( while exiting the Wild Moose Lodge patron run over by another patron in a wheel chair )];

(34) The Swinger [ John Haley v. T.H.E. Insurance Company[47] ( at the Swine Festival in Basile, Louisiana a child was thrown from her chair on The Swinger ride and hit a trailer ) ];

(35) The Whizzer [ United States Fidelity and Guaranty Company v. Brian [48] ( child injured foot after it became wedged in the flooring of the Whizzer ride ) ];

(36) El Toro Mechanical Bull [ Babine v. Gilley's Bronco Shop, Inc.[49] ( patron thrown from mechanical bull and hits head on floor ) ];

(37) Hydraulic Paratrooper [ Rekab, Inc. v. Frank Hubetz & Company[50] ( business dispute )];

(38) Orbiter [ Murphy v. Tivoli Enterprises [51] ( worker injured )];

(39) Tilt-a-Wheel [ Davidson v. Long Beach Pleasure Pier Company [52] ( patron thrown from car of the Tilt-a-Wheel ride and flew into a steel post fracturing her leg ];

(40) The Wild MouseAtlanta Funtown Inc. v. Crouch[53]( injured patron assumed the risk of injury by riding the Wild Mouse )] or on other rides [54].


Theories Of Liability

Negligence

The standard of care of theme park and thrill ride owners and operators is somewhere between the utmost care imposed upon common carriers such as airlines[55], buses[56] and trains [57] and the lessened standard of care coupled with signed releases imposed upon Adventure Tour [58] operators.

" Amusement ride passengers intend to be conveyed thrillingly to a place at, or near to, the point they originally boarded, so that carriage is incidental [59]".
  Most courts[60], but not all [61], have held that amusement park owners must exercise ordinary or reasonable care in the construction, maintenance and operation of their premises to protect tourists from injury. A useful comparison between the duties imposed upon common carriers and amusement park owners appears in Lamb v. B & B Amusements Corporation[62], a case involving a roller coaster accident.
" In some respects, the operators of amusement rides and common carriers deal with similar circumstances. Both are entrusted with passengers who depend on the operators for their safety, and both charge a fee for their services. Nevertheless the circumstances in which common carriers and amusement ride operators function differ in important respects. The heightened standard of care required of common carriers is predicated on the principal that ' persons using ordinary transportation devices, such as elevators and buses, normally expect to be carrier safely, securely and without incident to their destination'... Persons who use rides have different expectations. Passengers on many amusement rides expect entertainment in the form of high speeds, steep drops and tight turns. There are, of course, many kinds of amusement rides, and patrons who use those rides must, to some extent, be aware of their physical abilities and limitations and exercise some judgment as to their ability to endure the physical and mental stresses encountered on various rides. Amusement rides are not designed to provide comfortable, uneventful transportation, even when the equipment operates without incident and as intended. Nevertheless, operators of an amusement ride must still exercise a reasonable degree of care, skill and diligence sufficient to assure that a ride is as safe as is reasonably possible for its passengers "

Strict Liability

Section 402A of the Restatement ( Second ) of Torts provides
" (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or his property, if (a) the seller is engaged in the business of selling such a product, and (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold. (2) The rule stated in Subsection (1) applies although (a) the seller has exercised all possible care in the preparation and sale of the product, and (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller ".

The Courts in those States that have adopted Section 402A of the Restatement ( Second ) of Torts have not applied it to amusement parks[63] unless the amusement park transaction can be categorized as a lease or a bailment[64].


Assumption Of The Risk/Contributory Negligence

On occasion the courts may find that the injured tourist assumed the risk of injury by ignoring warning signs and safety instructions [ Desai v. Silver Dollar City, Inc.( tourist ignored safety instructions in exiting the Bahama Bob-Slide and was injured ); Bregel v. Busch Entertainment Corp.( patron injured during Sky Ride; contributorily negligent in failing to observe safety signs) [65] ] unless the signs are unclear [ Beroutos v. Six Flags Theme Park, Inc[66].

( " ( patron ) admits seeing a sign that warned against pregnant women or those with existing conditions in the neck or back boarding the ride...Whether or not the sign warns patrons with no history of neck and back problems of the risk of resulting neck and back injury, is an issue for determination by the jury " )].
Assumption of the risk doctrine holds that
"... participants who sit as spectators at sports and amusements may be taken to assume the known risks of being hurt by roller coasters..."[67].

Some Courts[68] have found that injured patrons of amusement parks have assumed the risk of their injuries while others have not[69].

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FOOTNOTES

[1]. Thomas A. Dickerson is a Westchester County Court Judge with a Web Page at http://members.aol.com/judgetad/index.html. Judge Dickerson is the author of Travel Law, Law Journal Press, New York, 1981-2001, Class Actions: The Law of 50 States, Law Journal Press, New York, 1988-2001 and over 180 articles on consumer law issues many of are available at http://www.courts.state.ny.us/tandv.html . Ms. Mechmann is Judge Dickerson's Principal Law Clerk.

[2]. See Anno. Liability Of Owner, Lessee Or Operator For Injury Or Death On Or Near Loop-O-Plane, Ferris Wheel, Minature Car Or Similar Device, 86 A.L.R. 2d 350.

[3]. For cases involving accidents in Disney World see

First Circuit: Caprizzano v. Walt Disney World Company, 826 F. Supp. 53 ( D. R.I. 1993 )( patron suffered injuries during the Great Movie Ride; " She contends that part of the ' alien ' attraction was responsible for her injuries " ).

Third Circuit: Poteau v. Walt Disney World Co., 1999 U.S. Dist. LEXIS 12459 ( E.D. Pa. 1999 )( slip and fall from theme park tram ); Weintraub v. Walt Disney World Co., 825 F. Supp. 717 ( E.D. Pa. 1993 )( patron injured during Typhoon Lagoon ride ); Jennings v. Walt Disney World, Inc., 1992 U.S. Dist. LEXIS 11001 ( E.D. Pa. 1992 )( injury at theme park ); Vacca v. Walt Disney World Co., 1992 U.S. Dist. LEXIS 169 ( D.N.J. 1992 )( slip and fall at theme park resort).

Fourth Circuit: Wyatt v. Walt Disney World Co., 1999 U.S. Dist LEXIS 19539 ( W.D.N.C. 1999) ( patron and infant daughter hurled from a tram on way to theme park ).

Fifth Circuit: Trosclair v. Walt Disney World Company, 1993 WL 8307 ( E.D. La. 1993 )( injuries from sudden and unexpected stop of roller coaster ).

Sixth Circuit:  Mattie v. Walt Disney World Co. , 2000 U.S. Dist. LEXIS 10031 ( E.D. Mich. 2000 )( patron suffered injuries during shuttle bus ride ); Kurth v. Walt Disney World Co., 1995 U.S. Dist. LEXIS 15542 ( W.D. Mich. 1995 )( patron injured during ride in theme park ).

Seventh Circuit: Wincek v. Walt Disney World Co., 1992 U.S. Dist. LEXIS 19067 ( N.D. Ill. 1992 )( patron fell while  assisting granddaughter near Typhoon Lagoon ).

Ninth Circuit: Neubauer v. Disneyland, Inc., 875 F. Supp. 672 ( C.D. Cal. 1975 )( injuries to passengers when boat in which they were sitting was rammed from behind ).

State Courts:

Florida: Russo v. Lake Buena Vista Communities, Inc., 721 So. 2d 772 ( Fla. App. 1998 )( handicapped patron not allowed to take electric scooter outside of park ); Walt Disney World Co. v. Diaz, 691 So. 2d 1150 ( Fla. App. 1997 )( injury at theme park ); Walt Disney World Co. v. Blalock, 640 So. 2d 1156 ( Fla. App. 1994 )( " the thumb of a ten year old boy...was amputated ( when his boat bumped into another boat ) ").

[4]. For cases involving accidents at Busch Gardens see

Third Circuit: Greenwood v. Busch Entertainment Corp., 2000 U.S. Dist. LEXIS 6964 ( E.D. Pa. 2000 )( " Mr. Greenwood sat down on the top of ( the water slide ) and used his hands to push himself forward... At the end of the slide. Mr. Greenwood landed feet-first in the three foot deep splash-down pool and his heels hit the bottom of the pool...fracturing his left heel " ); Rossetti v. Busch Entertainment Corp., 87 F. Supp. 2d 415, 2000 U.S. Dist. LEXIS 2122 ( E.D. Pa. 2000 )
( " The Sky Splash  consists of a water slide on which small groups of park patrons descend in oversized rafts. At one point, the raft rose and came down hard, jolting plaintiff " ).

Fourth Circuit: Sandow-Pajewski v. Busch Entertainment, 55 F. Supp. 2d 422( E.D. Va. 1999 )( while exiting the Wild Moose Lodge patron run over by another patron in a wheel chair ); Branch v. Busch Entertainment Corp., 1996 U.S. App. LEXIS 1188 ( 4th Cir. 1996 )( patron slipped and fell on wet platform exiting a ride ); Fochler v. Busch Entertainment Corp., 1995 U.S. Dist. LEXIS 9226 ( E.D. Va. 1995 )( slip and fall in service area of theme park ).

State Courts:

Connecticut: Cowan v. Busch Entertainment Corp., 1993 Conn. Super. LEXIS 499 ( Conn. Super. 1993 )( wrongful death ).

New Jersey: O'Connor v. Busch Gardens, 255 N.J. Super. 545, 605 A. 2d 773 ( 1992 )( patron injured trying to negotiate the Twizzle Flop attraction ).

Virginia: Bregel v. Busch Entertainment Corp., 248 Va. 175, 444 S.E. 2d 718 ( 1994 )( while riding in Skyride, a monocable system transporting visitors in amusement park, patron's elbow injured when another gondola car bumped into her ).

[5]. For cases involving accidents at Six Flags Great Adventure see

Second Circuit: Domond v. Great American Recreation, Inc., 2000 U.S. Dist LEXIS 15318 ( S.D.N.Y. 2000 ).

Fifth Circuit: Sells v. Six Flags Over Texas, Inc., 1997 U.S. Dist. LEXIS 23747 ( N.D. Tex. 1997) ( " alleging that Sells was severely injured when she fell when exiting the ' Barnstormer ' airplane ride " ).

Seventh Circuit: Proffer v. Six Flags Great America, Inc., 2000 U.S. Dist. LEXIS 17138 ( N.D. Ill. 2000 ).

State Courts:

Georgia: Harlan v. Six Flags Over Georgia, 250 Ga. 352, 297 S.E. 2d 468 ( 1982 )
( " The Wheelie is an amusement device consisting of 21 cars mounted on the sprockets of a wheel attached to a mechanical support arm, which is mounted in a concrete and steel base. Patrons ride two or three to a car, and after the patrons are seated and the cars are locked, the cars begin rotating on the wheel in a horizontal manner. As the rotational speed increases, the support arm rises from its base and lifts the cars, still rotating, into a near vertical position. In this position as the cars reach the top of the wheel, the cars and riders are upside down, but held in position by centrifugal force. The wheel continues to rotate in a near vertical position for a few seconds, and then the arm returns to a horizontal position as the wheel decreases in speed until it stops. The cars are unlocked and patrons then leave the cars " ).

New York: Andreas Beroutsos v. Six Flags Theme Park 185 Misc. 2d 557, 713 N.Y.S. 2d 640 ( 2000 ).

Texas: Cox v. Six Flags Over Texas, Inc., 2000 Tex. App. LEXIS 1684( Tex. App. 2000 )( minor child cut on left ear during Texas Giant roller coaster ride ).

[6]. See "Florida Theme Parks Break the $50 Mark," New York Times Sunday Travel Section, January 28, 2001, p. 3

( " One-day adult admission prices to major theme parks in Orlando and Tampa have broken the $50 mark...The first park to announce the price increases this month was Busch Gardens in Tampa. On Jan. 3, its adult admission price ( for age 10 to 55 ) increased to $51.18 with tax..." ).

[7]. For a discussion of tourist problems at hotels and resorts see Travel Law, supra, Chapter 4.

[8]. See e.g.,

Third Circuit: Poteau v. Walt Disney World Co., 1999 U.S. Dist. LEXIS 12459 ( E.D. Pa. 1999 )( slip and fall from theme park tram ).

Fourth Circuit: Sandow-Pajewski v. Busch Entertainment, 55 F. Supp. 2d 422( E.D. Va. 1999 )( while exiting the Wild Moose Lodge patron run over by another patron in a wheel chair ); Branch v. Busch Entertainment Corp., 1996 U.S. App. LEXIS 1188

( 4th Cir. 1996 )( patron slipped and fell on wet platform exiting a ride ); Fochler v. Busch Entertainment Corp., 1995 U.S. Dist. LEXIS 9226 ( E.D. Va. 1995 )( slip and fall in service area of theme park ).

Fifth Circuit: Sells v. Six Flags Over Texas, Inc., 1997 U.S. Dist. LEXIS 23747 ( N.D. Tex. 1997) ( " alleging that Sells was severely injured when she fell when exiting the " Barnstormer " airplane ride " ). 

[9]. Reichert, "Roller coaster thrills, spills surge," Trial Magazine, August 2000, p. 14.

[10]. Id.

[11]. Wade, Practical Traveler, "How Safe Are Thrill Rides?". N.Y. Times Sunday Travel Section, September 26, 1999, p. 4.

[12]. Proffer v. Six Flags Great America, Inc., 2000 U.S. Dist. LEXIS 17138 ( N.D. Ill. 2000).

[13]. Rucker v. Paramount Parks, Inc., 1995 U.S. Dist. LEXIS 21005 ( E.D. Va. 1995 ).

[14]. Cox v. Six Flags Over Texas, Inc., 2000 Tex. App. LEXIS 1684  ( Tex. App. 2000 ).

[15]. Howard v. Fiesta Texas Show Park, Inc., 980 S.W. 2d 716 ( Tex. App. 1998 ).

[16]. Trosclair v. Walt Disney World Company, 1993 WL 8307 ( E.D. La. 1993 ).

[17]. Eljiza v. Dorney Park Coaster Company, 34 Pa. D. & C. 4th 494 ( Pa. C.P. 1996 ).

[18]. See e.g.,

New York: Andreas Beroutsos v. Six Flags Theme Park 185 Misc. 2d 557, 713 N.Y.S. 2d 640 ( 2000 ).

Utah: Lamb v. B&B Amusements Corp., 869 P. 2d 926 ( Utah Sup. 1993 ).

[19]. See e.g.,

Illinois: Dombrowski v. Larson Lodge, 258 Ill. App. 3d 661, 630 N.E. 2d 973 ( 1994 ).

Louisiana: Rivere v. Thunderbird, Inc., 353 So. 2d 346 ( La. App. 1977 ).

[20]. Bobryk v. Lincoln Amusements, Inc., 1996 WL 24566 ( Conn. Super. 1996 ).

[21]. Golt v. Sports Complex, Inc., 644 A. 2d 989 ( Del. Super. 1994 ).

[22]. See e.g.,

Third Circuit: Weintraub v. Walt Disney World Co., 825 F. Supp. 717 ( E.D. Pa. 1993 ).

Seventh Circuit: Wincek v. Walt Disney World Co., 1992 U.S. Dist. LEXIS 19067 ( N.D. Ill. 1992 ).

[23]. Love v. Maritz, Inc., No. CV 96-07104, Arizona Superior Court, Maricopa County.

[24]. Coleman v. Charlesworth , 240 Ill. App. 3d 662, 608 N.E. 2d 464 ( 1992 ).

[25]. Dantzler v. S.P. Parks, 1988 WL 6155 ( E.D. Pa. 1988 ).

[26]. Eves v. S.P. Parks, Inc., 1988 U.S. Dist. LEXIS 11514 ( E.D. Pa. 1988 ).

[27]. Faulkner v. Carowinds Amusement Park , 867 F. Supp. 419 ( S.D. W. Va. 1994 ).

[28].Allen v. Nicole, 172 N.J. Super. 442, 412 A. 2d 824 ( 1980 ).

[29]. Caprizzano v. Walt Disney World Company , 826 F. Supp. 53 ( D. R.I. 1993 )..

[30]. Domond v. Great American Recreation, Inc., 2000 U.S. Dist LEXIS 15318 ( S.D.N.Y. 2000 ).

[31]. Desai v. Silver Dollar City, Inc., 229 Ga. App. 160, 493 S.E. 2d 540 ( 1997 ).

[32]. O'Connor v. Busch Gardens, 255 N.J. Super. 545, 605 A. 2d 773 ( 1992 ).

[33]. Old Indiana Limited Liability Company v. Montano, 732 N.E. 2d 179 ( Ind. App. 2000 ).

[34]. Greenwood v. Busch Entertainment Corp., 2000 U.S. Dist. LEXIS 6964 ( E.D. Pa. 2000 ).

[35]. Rossetti v. Busch Entertainment Corp., 87 F. Supp. 2d 415, 2000 U.S. Dist. LEXIS 2122 ( E.D. Pa. 2000).

[36]. Wet 'N Wild Florida, Inc. v. Sullivan , 655 So. 2d 1171 ( Fla. App. 1995 ).

[37]. Orgeron v. Opryland, U.S.A., 1993 U.S. Dist. LEXIS 7729 ( E.D. La. 1993 ).

[38]. Sells v. Six Flags Over Texas, Inc., 1997 U.S. Dist. LEXIS 23747 ( N.D. Tex. 1997 ).

[39].  Gray v. Snow King Resort, Inc., 889 F. Supp. 1473 ( D. Wyo.1995 ).

[40]. Waguespack v. Playland Corp., 195 So. 368 ( La. App. 1940 ).

[41]. Shannon v. Fleischhooker, 115 Cal. App. 258, 2 P. 2d 835( 1931 ).

[42]. See e.g.,

Ninth Circuit: Neubauer v. Disneyland, Inc., 875 F. Supp. 672 ( C.D. Cal. 1975 ).

State Courts:

Florida: Walt Disney World Co. v. Blalock, 640 So. 2d 1156( Fla. App. 1994 ).

[43]. Harlan v. Six Flags Over Georgia, 250 Ga. 352, 297 S.E. 2d 468 ( 1982 ).

[44]. Fraley v. Lake Winnepesaukah, Inc., 631 F. Supp. 160 ( 1986 ).

[45]. Bregel v. Busch Entertainment Corp., 248 Va. 175, 444 S.E. 2d 718 ( 1994 ).

[46]. Sandow-Pajewski v. Busch Entertainment, 55 F. Supp. 2d 422( E.D. Va. 1999 ).

[47]. John Haley v. T.H.E. Insurance Company, 764 So. 2d 354, 2000 La. App. LEXIS 1723.

[48]. United States Fidelity and Guaranty Company v. Brian, 337 F. 2d 881 ( 5th Cir. 1964 ), 339 F. 2d 602 ( 5th Cir. 1965 ), cert. denied 381 U.S. 913, 14 L. Ed. 2d 434, 85 S. Ct. 1537 ( 1966 ).

[49]. Babine v. Gilley's Bronco Shop, Inc., 488 So. 2d 176 ( Fla. App. 1986 ).

[50]. Rekab, Inc. v. Frank Hubetz & Company, 261 Md. 141, 274 A. 2d 107 ( 1971 ).

[51]. Murphy v. Tivoli Enterprises, 953 F. 2d 354 ( 8th Cir. 1992 ).

[52]. Davidson v. Long Beach Pleasure Pier Company, 99 Cal. App. 2d 384, 221 P. 2d 1005 ( 1950 ).

[53]. Atlanta Funtown Inc. v. Crouch, 1145 Ga. App. 702, 152 S.E. 2d 583 ( 1966 ).

[54]. See e.g.,

Third Circuit: Jennings v. Walt Disney World, Inc., 1992 U.S. Dist. LEXIS 11001 ( E.D. Pa. 1992 )( injury at theme park ); Vacca v. Walt Disney World Co., 1992 U.S. Dist. LEXIS 169 ( D.N.J. 1992 )( slip and fall at theme park resort ).

Fourth Circuit: Branch v. Busch Entertainment Corp., 1996 U.S. App. LEXIS 1188 ( 4th Cir. 1996 )( patron slipped and fell on wet platform exiting a ride ); Fochler v. Busch Entertainment Corp., 1995 U.S. Dist. LEXIS 9226 ( E.D. Va. 1995 )( slip and fall in service area of theme park ).

Sixth Circuit: Kurth v. Walt Disney World Co., 1995 U.S. Dist. LEXIS 15542 ( W.D. Mich. 1995 )( patron injured during ride in theme park ).

Seventh Circuit: Keiken v. Music Corporation of America, Inc., 1993 U.S. Dist. LEXIS 10194 ( N.D. Ill. 1993 )( patron injured during visit to theme park ), recon. 1993 U.S. Dist. LEXIS 18706 ( E.D. Pa. 1994 ).

State Courts:

Connecticut: Jacques v. Lake Compounce Theme Park, 2000 Conn. Super. LEXIS 3368 ( Conn. Super. 2000 ); Cowan v. Busch Entertainment Corp., 1993 Conn. Super. LEXIS 499 ( Conn. Super. 1993 )( wrongful death )..

Florida: Russo v. Lake Buena Vista Communities, Inc., 721 So. 2d 772 ( Fla. App. 1998 )( handicapped patron not allowed to take electric scooter outside of park ); Walt Disney World Co. v. Diaz, 691 So. 2d 1150 ( Fla. App. 1997 )( injury at theme park ); Holland v. Anheuser Busch, Inc., 643 So. 2d 621 ( Fla. App. 1994 ).

New Hampshire: Siciliano v. Capitol City Shows, Inc., 124 N.H. 719, 475 A. 2d 19 ( N.H. Sup. 1984 )( amusement ride accident; one child dies and another child sustains cerebral injury ).

[55]. See Travel Law, supra, § 2.04.

[56]. Id. at § 3.04.

[57]. Id. at § 3.04.

[58]. Id. at § 5.02[5][k].

[59]. Harlan v. Six Flags Over Georgia, Inc., 250 Ga. 352, 297 S.E. 2d 468 ( 1982 ).

[60]. See e.g.,

Fourth Circuit: Sandow-Pajewski v. Busch Entertainment Corp., 55 F. Supp. 2d 422 ( E.D. Va. 1999 )( slip and fall exiting Wild Moose Lodge; no negligence found; failure to show design defect ); Rucker v. Paramount Parks, Inc., 1995 U.S. Dist. LEXIS 21005 ( E.D. Va. 1995 )( hearing loss during Shockwave roller coaster ride ).

Fifth Circuit: Trosclair v. Walt Disney World Company, 1993 WL 8307 ( E.D. La. 1993 )( accident when Space Mountain roller coaster stopped abruptly ).

State Courts:

Florida: Walt Disney World Co. v. Blacock, 640 So. 2d 1156 ( Fla. App. 1994 )( child's thumb amputated after boat collides with another boat in Pirates of the Caribbean attraction; reversed on damages ); Walt Disney World v. Goode, 501 So. 2d 622 ( Fla. App. 1986 )( amusement operators " are required to keep their premises in reasonably safe condition commensurate with the business conducted " )

Georgia: Harlan v. Six Flags Over Georgia, Inc., 250 Ga. 352, 297 S.E. 2d 468 ( 1982 )( accident on The Wheelie;

" Amusement ride passengers intend to be conveyed thrillingly to a place at, or near to, the point they originally boarded, so that carriage is incidental " ).

New Hampshire: Siciliano v. Capitol City Shows, Inc., 124 N.H. 719, 475 A. 2d 19 ( 1984 )( child suffers cerebral injury in amusement ride accident ).

Texas: Cox v. Six Flags Over Texas, Inc., 2000 Tex. App. LEXIS 1684 ( 2000 )( child cuts ear during ride on Texas Giant roller coaster; no negligence; no causation ).

Utah: Lamb v. B & B Amusements Corp., 869 P. 2d 926 ( Utah Sup. 1993 )( accident when third and fourth cars of a five-car children's roller coaster separated ).

Virginia: Bregel v. Busch Entertainment Corp., 248 Va. 175, 444 S.E. 2d 718 ( 1994 )( patron injured during Sky Ride; reasonable standard of care; patron contributorily negligent ).

[61].  See e.g.,

Ninth Circuit: Neubauer v. Disneyland, Inc., 875 F. Supp. 672 ( C.D. Cal. 1995 )( accident on Pirates of the Caribbean; " duty of utmost care and diligence ( applies to amusement rides ) " ).

State Courts:

California: Squaw Valley Ski Corp. v. Superior Court, 2 Cal. App. 4th 1499, 3 Cal. Rptr. 2d 897 ( 1992 )( common carrier liability imposed upon ski lift ); McIntyre v. Smoke Tree Ranch Stables, 205 Cal. App. 2d 489, 23 Cal. Rptr. 339 ( 1962 )( a guided tour mule ride " carrying sightseeing passengers over a designated route between fixed points for a round trip fare, is a common carrier ).

[62]. Lamb v. B & Amusements Corp., 869 P. 2d 926 ( Utah Sup. 1993 ).

[63]. See e.g.,

Third Circuit: Rossetti v. Busch Entertainment Corp., 87 F. Supp. 2d 415 ( E.D. Pa. 2000 )( patron injured on Sky Splash water slide; amusement ride ticket is not a good; no strict liability ); Greenwood v. Busch Entertainment Corp., 2000 U.S. Dist. LEXIS 6964 ( E.D. Pa. 2000 )( patron injured riding water slide; no strict liability ); Eves v. S.P. Parks, Inc., 1988 U.S. Dist. LEXIS 11514 ( E.D. Pa. 1988 )( patron slipped out of inner tube on Runaway Rapids; strict liability claims dismissed; there must a sale, lease or bailment and here there was none ).

Fifth Circuit: Sells v. Six Flags Over Texas, Inc., 1997 U.S. Dist. LEXIS 23747 ( N.D. Texas 1997 )( patron injured exiting Barnstormer airplane ride; no sale, lease or bailment; no strict liability ).

[64]. See e.g.,

Tenth Circuit: Gray v. Snow King Resort, Inc., 889 F. Supp. 1473 ( D. Wyo. 1995 )( patron injured on mountain slide amusement given possession of sled as bailment; strict liability doctrine applies ).

[65]. See e.g.,

Georgia: Desai v. Silver Dollar City, Inc., 229 Ga. App. 160, 493 S.E. 2d 540 ( 1997 )( tourist ignored safety instructions in exiting the Bahama Bob-Slide and was injured ).

New Jersey: O'Connor v. Busch Gardens, 255 N.J. Super. 545, 605 A. 2d 773 ( 1992 )( accident on Twizzle Flop; Virginia contributory negligence statute applies ).

Virginia: Bregel v. Busch Entertainment Corp., 248 Va. 175, 444 S.E. 2d 718 ( 1994 )( patron injured during Sky Ride; contributorily negligent in failing to observe safety signs ).

[66]. Beroutos v. Six Flags Theme Park, Inc., 185 Misc. 2d 557, 713 N.Y.S. 2d 640 ( 2000).

[67]. Prosser and Keaton, The Law Of Torts, Section 68, at 485-86 ( 5th Ed. 1984 ).

[68]. See e.g., Atlanta Funtown Inc. v. Crouch, 1145 Ga. App. 702, 152 S.E. 2D 583 ( 1966 )( injured patron assumed the risk of riding the Wild Mouse ).

[69]. See e.g.,

Fifth Circuit: Fraley v. Lake Winnepesaukau, Inc., 631 F. Supp. 160 ( N.D. Ga. 1986 )( child had not assumed the risk when she was injured jumping from a chair lift at the end of the ride ).

State Courts:

Massachusetts: Beaulieu v. Lincoln Rides, Inc., 328 Mass. 427, 104 N.E. 2d 417 ( 1952 )( accident on the Whip; no assumption of the risk for defective equipment ). 

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