Midway rides are thrilling but accidents can happen

By Paul Russell, LegalMatters Staff • Fairs across Ontario such as the Canadian National Exhibition in Toronto are sure signs of the coming of autumn. For children and those young at heart, thrilling midway rides are a key attraction.

But if you are injured on one of these mechanical devices you may be able to seek compensation from the amusement park owners, says Ontario personal injury lawyer Joshua Goldberg.

“Generally speaking, park owners and staff have a duty of care toward visitors,” he says. “That includes making sure the rides are structurally sound and assembled properly, and that the people operating the rides have sufficient training and experience.

Each province regulates rides

“Each province has legislation regulating amusement devices,” says Goldberg, principal of Joshua Goldberg Law. “Regulations will spell out the level of liability insurance that must be held, how often the rides are to be inspected and what records must be kept to show the results of those inspections.”

In Ontario, amusement parks are regulated by the Technical Standards and Safety Act, 2000. It defines an amusement device as: “a machine, contrivance, structure, vehicle or device, or component attached or to be attached thereto, used in an amusement park to entertain members of the public by moving them or causing them to be moved and includes the area peripheral thereto if such area is accessible to the public.”

According to the Canadian Association of Fairs and Exhibitions, the Act does not apply to “passenger-controlled rides, ziplines, slides, and go-karts that cannot attain high speeds (less than 2m/s and 4km/h).”

The association notes that “only one major injury has been reported in the last 10 years due to go-karts … there is currently no federal standard for collection and compilation of injury reports, so this number of injuries could potentially be higher.”

Operators must have ‘sufficient training’

When it comes to amusement parks, the association says that the Act “requires that each operator/attendant have ‘sufficient training,’ which the business owner must attest to in a signed document.”

While no organization tracks injuries at Canadian amusement parks on a national level, the association provides these statistics from the United States.

• 16,850 people were injured between 1992 and 2012 on ziplines.
• 14,000 people were injured at trampoline parks in 2016.

“There are many potential hazards that can lead to accidents in amusement parks,” Goldberg tells LegalMattersCanada.ca. Those include structural failure of a ride, an unsafe exit or entrance and malfunctioning safety bars or safety belts.

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“Another factor that contributes to whiplash and sore necks is if the ride is brought to a sudden stop,” he adds. “People may not report these injuries, assuming they are minor and will go away quickly, but that is not always the case.

Goldberg advises that anyone injured at an amusement park should seek medical attention and document the results and any treatment that is needed.

“That information will be vital if you want to seek compensation,” he says.

Tips for a safe ride

According to the Theme Park Fun published by the Canada Safety Council, “almost all theme park accidents can be prevented.” It offers these safety tips:

• Don’t drink alcohol at the park, as it will leave you at risk for sunstroke and heat exhaustion and could impair your judgment.
• Don’t “cheat” and ignore the rules to get on rides where you don’t belong. “Don’t think that you know more about a ride than the park does. If they tell you not to ride, don’t.”
• Don’t cut in line. “Nothing provokes more fights and nasty exchanges in theme parks than people who won’t wait their tum.”
• On any theme park ride, keep your rear on the seat, your hands on the grab bar and your feet and knees inside the car. Tie up long hair and remove any loose articles (sunglasses, hats, jewelry) that have the potential to fall off during the ride.
• If you are on a ride with a lap bar, seat belt or safety harness, make sure that it is in place, snug and locked. “If the ride starts to move and your restraint is not in place, yell for help.”
• Do not get on or off a ride until you’ve been given the okay by an attendant.

The largest permanent amusement park in the Toronto area is Canada’s Wonderland in Vaughan, Ont. According to safety information from the park, all its rides are licensed and annually inspected by the Technical Standards and Safety Authority.

Its water attractions, such as White Water Bay and Lazy River, are regulated by York Region Public Health and meet the standards set forth by Ontario’s Public Pool Regulation.

“Our rides and attractions are inspected daily by our staff,” safety information states. “The rides also undergo additional weekly and monthly inspections … our mechanics and electricians cycle the rides empty each morning to ensure the ride and its systems are functioning properly. Rides staff also conduct operational tests each day prior to opening, including running a cycle with a test rider onboard.”

Derailment led to three deaths

In 1986 at the West Edmonton Mall, three people were killed and a fourth seriously hurt in a derailment of the Mindbender roller-coaster. According to a news report, the rollercoaster was travelling at nearly 100 km/h when the last car jumped the track and hit a pillar.

The ride was shut down for a year, then reopened with safety modifications, and was operated at the mall until January 2023, when it was permanently closed.

Goldberg says that visitors to any amusement park must accept some level of risk, especially when riding high-speed and thrilling rides. 

“Be sure to read the boarding restrictions before you get in line for a ride,” he says. “If you are pregnant, have pain or injuries in your back or neck, or have a heart condition, you should avoid high-speed rides that may aggravate your health issues.”

If an injury does occur that is not your fault, he advises people to speak to a personal injury lawyer.