One common cause of action for amusement park injuries, and tort law more broadly, is negligence. An amusement park operator has a duty to protect its patrons from any reasonably foreseeable risks created by its rides and other attractions. This is because patrons at a park are considered “business invitees” and, as invitees, the business owner, or park operator in these cases, has a duty to act non-negligently towards their patrons. If a park operator fails to exercise a proper degree of care, defined as the standard of a care that a reasonably prudent person would exercise in the same circumstances, they may be liable for negligence.

Negligence requires proof that the injury actually or proximately resulted from the negligent conduct. The Carnival Amusement Rides Safety Act or “CARSA” does not provide a private cause of action, nor is it a tort-liability scheme. However, courts in New Jersey have recently held that violations of CARSA, individually or in their aggregate, may be considered as evidence in determining whether a defendant acted with negligence. Nonetheless, all amusement park operators have a duty to protect their patrons from reasonably foreseeable risks created by their rides and attractions. This includes a duty to inspect and ensure rides are operating with reasonable safety measures and that they have been constructed properly and are in good repair. Ride operators also have a duty to supervise riders and prevent conduct that endangers other riders. Patrons can also rely on circumstantial evidence when filing these claims, along with possible inferences of negligence under res ipsa loquitor.

Despite the obligations imposed on park operators to maintain and ensure the conditions and operators of their rides, patrons also have duties as visitors of the park. CARSA imposes requirements that riders observe any posted directions or warnings while also refraining from acting recklessly or in a manner that causes or contributes to an injury. CARSA also includes a prohibition on knowingly boarding or attempting to board a ride while under the influence of alcohol, drugs, or any other controlled dangerous substance that affects the individual’s ability to safely ride or follow a ride’s instructions. Failure to properly follow these provisions could lead to a comparative negligence defense or even dismissal of the claim entirely.

Understanding the nuances of a negligence claim, and the strength of one, can be difficult. Our attorneys are available by phone or email to assist in answering any questions you might have regarding a claim you wish to pursue.

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A day at the amusement park can be a stress-relieving, fun way to pass the time. However, despite the joys they provide, many patrons are caused to suffer from personal injuries every year at amusement parks due to dangerous conditions or defective rides. If you or a loved one were injured and plan on filing a claim against one of these parks, it is important to properly notify the park operator so that your claim is not dismissed as untimely.

In New Jersey, a significant portion of amusement park regulations, maintenance, and safety duties are imposed by statute, the most notable being the Carnival Amusement Rides Safety Act or “CARSA.” CARSA requires that a person injured on an amusement park ride report the accident, in writing, to the park’s operator within 90 days of the accident occurring. This report is a precondition to any lawsuit against a park operator as a result of an injury sustained while on a ride. If you do not follow the notice requirements, your claim will unfortunately be barred.

There are some exceptions to the 90-day notice period. First, it’s important to note that the operator must post notice of the reporting requirement in English and one other language (deemed appropriate by the amusement park operator) in at least five different locations on the premises, including each entrance and exit, each place designated for receiving reports of accidents and injuries during business hours, and each place designated as a first aid station.

Additionally, the reporting time can be extended up to one year at the discretion of a judge, but only if the park operator is not substantially prejudiced by that extension. The ability or inability of an amusement park operator to identify and locate witnesses for its defense is a factor considered in the analysis of prejudice.

Finally, if a park operator itself has filed an accident report with the Department of Community Affairs, the notice requirement will be deemed satisfied. This stems from a duty to report certain injuries and fatalities as well as mechanical malfunctions while the ride was in use.

It can be difficult to fully assess and apprehend the notice requirements for these amusement park claims. If you have any questions or are unsure about whether the park operator in your claim was notified, feel free to call our office and we will help you. We are willing to discuss any premises liability or negligence claims you may have against any park operator as a result of injuries sustained while at an amusement park.

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