Who’s Liable if You’re Hurt on a Carnival Ride?

Who’s Liable if You’re Hurt on a Carnival Ride?

BY JOHN SOWELL
Carnival and amusement park rides and water slides are receiving close national examination following major amusement-ride accidents in recent weeks.  What if I’m hurt? Is the ride operator at fault? Rulings in a pair of lawsuits filed more than a dozen years ago against Roaring Springs Water Park in Meridian show that both ride operators and riders share responsibility for staying safe.

Rulings in a pair of lawsuits filed more than a dozen years ago against Roaring Springs Water Park in Meridian show that both ride operators and riders share responsibility for staying safe.

Meridian resident Marlena Hoffman sued the park in 2003 after she broke her tailbone in two places while riding the U-shaped Avalanche. As the raft reached the bottom, Hoffman felt a violent jerk and “significant” pain to her buttocks.

She claimed the park failed to adequately instruct her on the position needed to ride safely. The park said Hoffman ignored instructions and warnings on nine signs she passed in approaching the ride. The signs advised riders to keep their bottoms from touching the slide and to keep their chins tucked to their chests.

Fourth District Judge Michael McLaughlin ruled for Roaring Springs, saying there was no evidence the slide was unsafe nor that warnings were inadequate.

“The mere occurrence of injury does not give rise to a presumption or inference of negligence,” McLaughlin wrote in his decision.