Why are amusement parks held to a higher standard?

In Gomez, the California Supreme Court held that a roller coaster is a common carrier because riders entrust their safety to the operator. Common carriers must use the highest degree of care consistent with the ride’s operation—a stricter standard than ordinary negligence.

What causes amusement ride injuries?

Common causes include mechanical failure, poor maintenance or inspection, operator error, defective restraints or design, and failure to warn riders with known health risks. Whiplash, head and neck injuries, and ejection injuries are among the most serious.

Who can be held liable?

Depending on the cause, liability can fall on the park operator, a maintenance contractor, or the ride manufacturer for a defect. California requires permanent amusement rides to be inspected by the state; inspection and maintenance records are important evidence.

Quick Reference

Frequently Asked Questions

Are amusement parks liable when a ride injures someone?

Often, yes. Under Gomez v. Superior Court, thrill-ride operators are common carriers held to the highest degree of care. If a malfunction or negligent operation causes injury, the park can be liable.

What if the ride itself was defective?

The ride manufacturer can be held strictly liable for a design or manufacturing defect under California product-liability law, in addition to any claim against the park operator.

How long do I have to file an amusement park injury claim?

Generally two years from the date of injury in California (Code of Civil Procedure §335.1). Preserve your ticket, photos, and any incident report.