Amusement Park and Ride Injuries in Pennsylvania

Rides are inspected and the records exist. Waivers do not cover everything.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

Pennsylvania regulates amusement rides with inspection and reporting requirements, so maintenance logs, inspection certificates and prior incident reports exist and are obtainable. A ticket waiver does not automatically bar a claim for negligent maintenance or operation.

The records exist

Amusement rides in Pennsylvania are subject to inspection and to reporting requirements for injuries. That means the following documents exist somewhere:

  • Inspection certificates and reports for the ride.
  • Daily and periodic maintenance logs.
  • Manufacturer bulletins and required modifications.
  • Operator training records for the person running the ride.
  • Prior incident reports for the same ride, which establish notice.

Request preservation early, because parks operate seasonally and records get archived.

What usually goes wrong

  • Restraint failure, or a restraint that was not checked before dispatch.
  • Operator error, including dispatching before restraints were secured.
  • Maintenance failure, particularly of mechanical and hydraulic components.
  • Rider size and health restrictions not enforced despite being posted.
  • Water park hazards, including slide design, water depth and lifeguard supervision.
  • Slip hazards on queue lines and walkways, which are ordinary premises claims.

Waivers and tickets

The reverse of a ticket and the terms accepted online will usually purport to disclaim liability. These are not automatically effective against claims of negligent maintenance or operation, and their enforceability against a child’s claim is a genuinely open question.

Do not treat the small print as the end of the matter.

Report before you leave

Ask for an incident report and get the report number. Parks handle a large volume of minor incidents and a verbal complaint to a ride attendant does not create a record.

Photograph the ride, the restraint, the queue area and any posted restrictions. Get names and numbers from other riders, who disperse immediately.

Injuries that appear later

Ride forces can produce injuries that present hours or days afterwards, including neck injury and, in some cases, more serious vascular events. Getting checked and having the ride recorded as the cause matters, because a delayed presentation with no incident report is very difficult to connect.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

Does the waiver on the ticket stop me claiming?

Not automatically. Waivers on tickets and in online terms are not necessarily effective against claims of negligent maintenance or operation, and their enforceability against a child's claim is a genuinely open question. Do not treat the small print as the end of the matter.

What records will show what happened?

Inspection certificates and reports for the ride, daily and periodic maintenance logs, manufacturer bulletins and required modifications, operator training records, and prior incident reports for the same ride which establish notice. Request preservation early because records get archived seasonally.

What should I do before leaving the park?

Ask for an incident report and get the report number, since a verbal complaint to an attendant creates no record. Photograph the ride, the restraint, the queue area and any posted restrictions, and get contact details from other riders before they disperse.

I felt fine at the time but not the next day.

Ride forces can produce injuries presenting hours or days later, including neck injury and in some cases more serious vascular events. Get checked and ensure the ride is recorded as the cause, because a delayed presentation with no incident report is very difficult to connect afterwards.

My child was allowed on despite the height restriction.

Posted rider restrictions exist because the restraint system depends on them. A failure to enforce a restriction the park itself published is a direct operational failure and a strong starting point for a claim.

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Step 1 of 2: what happened

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Would rather talk now? (610) 601-2980