Injured on a Roller Coaster or Carnival Ride in New York? What to Know

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A trip to an amusement park, carnival, fair, or festival is supposed to be fun. But when a roller coaster, carnival ride, Ferris wheel, spinning ride, drop ride, or other amusement device is not operated, inspected, maintained, or supervised properly, people can suffer serious injuries.

If you were hurt on a roller coaster or amusement park ride in New York, you may have questions about who is responsible, what evidence is needed, and whether you have a personal injury claim.

Every case is different. The facts, injuries, ride involved, inspection history, maintenance records, operator conduct, warnings, and available evidence all matter.

Roller Coaster and Carnival Ride Injuries Can Be Serious

Amusement rides can involve speed, sudden stops, sharp turns, drops, spinning, restraints, lap bars, shoulder harnesses, moving platforms, loading areas, and mechanical parts. When something goes wrong, the injuries can be significant.

A person injured on an amusement ride may suffer:

• Neck injuries
• Back injuries
• Head injuries
• Concussions
• Shoulder injuries
• Knee injuries
• Broken bones
• Wrist, arm, or hand injuries
• Hip, leg, or ankle injuries
• Cuts, bruising, or scarring
• Emotional trauma after a frightening ride incident

Some injuries happen during the ride itself. Others happen while entering or exiting the ride, waiting in line, walking through the amusement park, or being loaded or unloaded by ride operators.

Common Causes of Amusement Park and Carnival Ride Accidents

Roller coaster and carnival ride injury cases can involve many different causes. Some cases involve mechanical issues. Others involve operator error, poor maintenance, unsafe loading procedures, or failure to follow safety rules.

Common issues may include:

• Failure to properly secure a restraint, lap bar, seat belt, or harness
• Operator error
• Sudden stops or unsafe ride movements
• Mechanical failure
• Poor maintenance
• Failure to inspect the ride
• Failure to follow manufacturer instructions
• Unsafe loading or unloading
• Slippery or defective steps, platforms, or walkways near the ride
• Failure to warn riders about risks
• Allowing riders on who should not have been permitted based on height, weight, age, medical condition, or safety restrictions
• Lack of supervision
• Temporary carnival rides that were not safely assembled or secured

The cause of the accident matters because it helps determine who may be legally responsible.

Who May Be Responsible if You Are Hurt on a Roller Coaster or Carnival Ride?

Responsibility depends on the facts. Potential responsible parties may include:

• The amusement park
• The carnival company
• The ride owner
• The ride operator
• The company responsible for inspection or maintenance
• A contractor involved in assembling, repairing, or operating the ride
• The property owner or event organizer
• The manufacturer of the ride or one of its parts

For example, if a rider was injured because a restraint was not properly secured, the ride operator and company operating the ride may be responsible. If the injury involved poor maintenance or a mechanical defect, inspection records, maintenance logs, repair records, and manufacturer materials may become important.

New York Amusement Ride Inspections and Safety Issues

In New York, amusement ride safety can depend on where the ride is located and whether the ride is part of a fixed amusement park or a temporary carnival, fair, or festival.

Outside New York City, the New York State Department of Labor oversees amusement ride safety. Stationary amusement park rides are inspected at least once a year, and traveling rides at fairs or carnivals are inspected every time they are set up in a new location. A ride generally cannot legally operate without the required permit.

In New York City, temporary rides that are used for a short period of time must pass inspection each time they are set up. If the ride passes inspection, it receives a Green Card.

These inspection rules do not automatically prove a personal injury case, but they may become important when investigating whether the ride was properly permitted, inspected, assembled, maintained, and operated.

Evidence That Can Help Prove a Roller Coaster or Carnival Ride Injury Case

Evidence is extremely important in amusement ride injury cases. Rides may be moved, repaired, disassembled, or modified after an incident. Carnival rides may leave the location shortly after the event ends.

Important evidence may include:

• Photos or videos of the ride
• Photos of the seat, restraint, lap bar, harness, steps, platform, or loading area
• Witness names and contact information
• Incident reports
• Inspection records
• Maintenance records
• Repair records
• Ride operator training records
• Manufacturer manuals
• Daily safety checklists
• Permits or inspection tags
• Surveillance video
• Cell phone videos from bystanders
• Medical records
• Ambulance or emergency room records
• Proof of missed time from work

If possible, it is important to act quickly before the ride is moved, repaired, taken apart, or placed back into operation.

What To Do After Being Hurt on an Amusement Park or Carnival Ride

If you were injured on a roller coaster, carnival ride, fair ride, or amusement park attraction, consider taking these steps:

1. Get medical attention immediately.
2. Report the incident to the amusement park, carnival company, ride operator, or event organizer.
3. Ask for an incident report.
4. Take photos and videos of the ride and the area.
5. Get names and phone numbers for witnesses.
6. Keep your ticket, wristband, receipt, or proof you were at the event.
7. Save the clothing and shoes you were wearing.
8. Write down the name of the ride and the location.
9. Look for inspection stickers, tags, permits, or posted safety warnings.
10. Speak with a personal injury attorney before giving a recorded statement to an insurance company.

The sooner the investigation begins, the better chance there may be to preserve key evidence.

Injured Getting On or Off a Ride

Not every amusement park injury happens during the ride. Some people are injured while entering or exiting a roller coaster or carnival ride.

These cases may involve:

• Defective stairs
• Slippery platforms
• Uneven surfaces
• Poor lighting
• Unsafe gates
• Lack of handrails
• Rushed loading or unloading
• Failure to assist riders
• Crowded or poorly controlled boarding areas

If a person falls while getting on or off a ride, the case may involve premises liability, negligent operation, negligent supervision, or failure to maintain a safe ride area.

Injuries to Children at Carnivals and Amusement Parks

Children may be especially vulnerable at amusement parks, fairs, and carnivals. Some rides have height, age, size, weight, or supervision requirements. Operators should follow safety rules and should not allow children on rides when they do not meet required safety standards.

A child may be injured because of:

• Improper restraint use
• Failure to check height or size requirements
• Lack of supervision
• Unsafe loading or unloading
• A ride moving before the child was properly seated
• A defective seat belt, lap bar, or harness
• Poorly maintained ride equipment

If a child is injured, it is important to preserve evidence quickly and document exactly what happened.

What If the Amusement Park Says You Assumed the Risk?

Amusement parks, carnivals, and insurance companies may argue that a rider assumed the risk of the ride. But that does not necessarily end the case.

There is a difference between the ordinary experience of a ride and an injury caused by negligence, unsafe operation, mechanical failure, improper maintenance, defective restraints, poor supervision, or failure to follow safety rules.

Every case must be evaluated based on the specific facts.

What If There Was a Warning Sign?

Warning signs may be important, but they do not automatically prevent a claim. A warning sign does not give a ride owner or operator permission to operate an unsafe ride, ignore maintenance requirements, fail to secure restraints, or disregard safety procedures.

The issue is not just whether there was a warning. The issue is whether the ride was reasonably safe and whether the owner, operator, park, carnival company, or other responsible party acted reasonably under the circumstances.

Speak With a New York Amusement Park Injury Lawyer

The Law Office of Vincent C. Loiodice represents injured people in New York personal injury cases, including amusement park accidents, carnival ride injuries, roller coaster injuries, premises liability claims, trip and fall accidents, and other serious injury matters.

If you or a loved one was hurt on a roller coaster, carnival ride, fair ride, or amusement park attraction, contact the Law Office of Vincent C. Loiodice to discuss your potential claim.

Law Office of Vincent C. Loiodice
Phone: 212-888-2686

Frequently Asked Questions About Roller Coaster and Carnival Ride Injuries

Can I sue if I was hurt on a roller coaster in New York?

You may have a claim if your injury was caused by negligence, unsafe operation, improper maintenance, a defective restraint, mechanical failure, unsafe loading or unloading, or another dangerous condition. Every case depends on the facts and available evidence.

Who can be responsible for a carnival ride injury?

Potential responsible parties may include the carnival company, ride owner, ride operator, maintenance company, inspection company, event organizer, property owner, contractor, or manufacturer.

What evidence is important after an amusement ride injury?

Important evidence may include photos, videos, witness information, incident reports, inspection records, maintenance records, repair records, operator training records, permits, safety checklists, and medical records.

What if I signed a waiver or there was a warning sign?

A waiver or warning sign does not automatically defeat every case. The specific language, facts, negligence involved, and safety issues must be reviewed.

What if my child was injured on a carnival ride?

If a child was injured, the investigation may focus on ride restrictions, restraint use, operator conduct, supervision, maintenance, inspection records, and whether the child was properly allowed on the ride.

Should I talk to the insurance company after a ride injury?

You should be careful before giving a recorded statement. Insurance companies may use your statements against you. It is often better to speak with an attorney first.

Attorney Advertising. Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts. This page is for informational purposes only and does not create an attorney-client relationship.