Most people are shocked to find out that in many cases, large theme parks like Disney World are basically unregulated. A law passed in 1981 that lets the Consumer Product Safety Commission (CPSC) regulates traveling amusement shows, but not fixed-location parks. That’s why state or federal investigators will not scrutinize the death of a four-year old boy at Epcot. Disney World will be the only entity carrying out the investigation, looking to find what they may have done wrong. The company does not even have a legal obligation to publicly offer an explanation.
Kathy Fackler, founder of the Safer Parks organization, supports federal regulation of theme parks. In one statement, she said that she believed amusement parks have a fairly safe record, however: “So does the airline industry. But if there’s a crash, do you want the airline investigating themselves?” She also addressed the Epcot accident, noting that under no circumstances can an outside body (like the federal or state government) investigate the machinery or even the area where a person dies without the permission of the theme park owners. This fact was upheld in a district court when a suit to open the ride to a safety inspection was dismissed.
It seems that the rate and severity of amusement park injuries are steadily increasing. Yet government is powerless – or refuses to take the power – to stop it. Rep. Edward Markey of Massachusetts introduced a bill that would fix the loophole in the 1981 law, allowing the CPSC to regulate all fixed theme parks as well. That bill died in committee in June, 2005, but the fight did not.
And it’s easy to see why governments are so hesitant to impose their will on the major amusement park players. The industry in California alone is worth $20 billion every year. With that kind of cash comes political clout. Theme parks do not want to be regulated, and governments are inclined not to argue. Twenty-four states either don’t regulate or do not require theme parks to report accidents; Texas does have laws on the books to regulate both the mobile and fixed-park halves of the industry.
According to RideAccidents.com, there were five deaths at amusement parks and about 5,500 injuries that required hospital treatment in both of the last two years. A quick browse of their website illustrates exactly how people are injured or killed every day on amusement rides in the U.S.
If you or a loved one has been injured on an amusement ride or at a park, contact attorney David I. Fuchs at 800-570-2858.