Text-only version
 |
Consumers should be aware that some states have, at the behest of industry lobbyists, adopted inflated Rider Responsibility laws holding riders responsible for virtually anything that goes wrong during a ride cycle. |
Industry Standard Patron Responsibility Rules
Saferparks endorses the use of reasonable Rider Responsibility requirements in state law (e.g. Arkansas, Georgia, Massachusetts, Minnesota, North Carolina, New Hampshire, New Jersey, Nevada, Ohio, Pennsylvania, Texas, Utah, Washington, West Virginia). The ASTM F-24 industry standards committee has developed several paragraphs for that purpose (from ASTM F770, section 5):
- There are inherent risks in the participation in or on any amusement ride, device, or attraction. Patrons of an amusement ride, device, or attraction, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the amusement ride, device, or attraction and to obey all oral or written warnings, or both, prior to or during participation, or both.
- Patrons have a duty to not participate in or on any amusement ride, device, or attraction when under the influence of drugs or alcohol.
- Patrons have a duty to properly use all ride or device safety equipment provided.
Lobbyist-peddled Liability Shield Law
The lobbyist-peddled law (e.g. Iowa, Louisiana, Maine, Michigan, Oklahoma, South Carolina) includes a tedious laundry list of 20 prohibited behaviors, most of which would be covered by the industry standard language if the operator properly posts rules and issues clear verbal instructions.
Hidden in the long laundry list of specifics are several broadly-defined patron responsibilities that are impossible for members of the general public to reliably comply with, and shift the responsibility for safe ride dynamics and patron containment from ride manufacturers and ride operators to customers. Those phrases are highlighted in the lobbyist-peddled boilerplate below. It is worth noting that Virginia and Missouri enacted most of the lobbyist-peddled boilerplate, but stripped out the overly broad statements. Thoughtful public policy is possible even when legislators are under pressure from corporate lobbyists.
Code of Rider Conduct
A. A rider shall obey the posted rules, warnings, and oral instructions for a carnival or amusement ride issued by the owner or his employee or agent.
B. A rider shall refrain from acting in any manner that may cause or contribute to injuring the rider or others, including:
(1) Exceeding the limits of the rider's ability.
Saferparks Comments:
The average amusement park customer has no way to judge whether a particular thrill ride will exceed the limits of his/her ability or his/her child's ability. Each ride exerts a unique pattern of force, vibration, and jerk on the humans riding it. The dynamic pattern can vary significantly even between different positions on the same ride. Humans will react differently to the dynamic and psychological elements of a ride. Children can have vastly different reactions to the same ride at different ages, or even at different stages of a one-day visit to a theme park. Many rides with industry-standard lap bars are substantially more dangerous for young child riders than adults, yet this is not common knowledge and riders will not find warnings about this on the ride signs. Some highly dynamic rides can exert enough force to break a collar bone or even a rider's neck. Healthy adult males are not at risk for this, but slightly built woman may be on some rides. Most consumers don't have enough knowledge about injury patterns on thrill rides to judge whether a particular ride will exceed the limits of their ability, or their child's ability.(2) Interfering with the safe operation of the carnival or amusement ride.
(3) Failing to engage any safety devices provided for the rider's safety.
Saferparks Comments:
Customers cannot be held responsible for knowing which safety devices must be engaged on a particular thrill ride and how to do so. Ride operators are responsible for ensuring that every rider's safety restraints are properly engaged before starting the ride. Industry standards require this, as do regulatory laws in most states. Criminalizing patrons for failing to understand the ride machinery shifts the focus for this safety-critical task from operators to paying customers.(4) Disconnecting or disabling a safety device except at the express instruction of the owner's agent or employee.
(5) Altering or enhancing the intended speed, course, or direction of a carnival or amusement ride.
(6) Using the controls of a carnival or amusement ride designed solely to be operated by the owner's agent or employee.
(7) Extending arms and legs beyond the carrier or seating area except at the express direction of the owner's agent or employee.
(8) Throwing, dropping, or expelling an object from or toward a carnival or amusement ride except as permitted by the owner's agent or employee.
(9) Entering or exiting a carnival or amusement ride except at the designated time and area, if any, at the discretion of the owner's agent or employee.
(10) Unreasonably controlling the speed or direction of the carnival or amusement ride that requires the rider to control or direct himself on a ride.
(11) Overloading a carnival or amusement ride beyond its designated capacity.
Rider Qualifications
A rider shall not enter or attempt to enter a carnival or amusement ride unless the rider or his parent or guardian on a rider's behalf, reasonably determines that at a minimum:
(1) The rider has sufficient knowledge to use, enter, or exit the carnival or amusement ride safely without instructions or has requested and received, before entering the carnival or amusement ride, sufficient information to enter, use, or exit the ride safely.
See comments on item (1) in Code of Rider Conduct
(2) The rider has located, reviewed, and understood any signs in the vicinity of the carnival or amusement ride and has satisfied any posted height or other restrictions.
(3) The rider knows the range and limits of his ability and knows the requirements of the carnival or amusement ride will not exceed those limits.
See comments on item (1) in Code of Rider Conduct
(4) The rider is not under the influence of alcohol or any drug that affects his ability to safely use the carnival or amusement ride or obey the posted rules or oral instructions.
(5) The rider is authorized by the owner's authorized agent or employee to enter the carnival or amusement ride.
Parent or Guardian Conduct
Parents or guardians of riders have a duty to ensure that a rider complies with all provisions of this Subpart
