The school year is coming to an end and many parents will be looking for ways to keep their children occupied during the summer break. One of the best ways to beat the heat is a trip to a waterpark. Amusement parks can also provide many hours of enjoyment.
Theme parks are a popular diversion for Canadians. According to Statistics Canada, operating revenue at amusement parks and arcades reached a record high of $996.5 million in 2022, which was 28.8 per cent higher than revenues recorded prior to the pandemic in 2019. About half, or $498.8 million, of the amusement park and arcade operating revenue was generated in Ontario in 2022, StatsCan reported.
Ontario is home to some of the country's top fun spots. There is Canada's Wonderland and, of course, the Canadian National Exhibition, which is an end-of-summer tradition. Calypso Waterpark near Ottawa bills itself as the biggest theme waterpark in the country, while Wet'n'Wild in Brampton offers a variety of attractions on its 40-hectare complex. These theme parks offer exciting and sometimes scary rides for all levels of thrill seekers.
Best of all, the attractions are heavily regulated and safe. In fact, the chances of being hurt are low. However, accidents do happen as a result of equipment malfunction or operator/employee error. You or a loved one could face an uncertain future following a theme park mishap.
If you have been injured, contact our personal injury lawyers at Gluckstein Lawyers. We provide experienced, knowledgeable and skillful legal representation and can help guide you through the complex judicial system.
Safety Standards Must Be Met.
In Ontario, an owner or occupier of any property has a duty under the Occupiers Liability Act to take reasonable measures to ensure the reasonable safety of visitors. This responsibility covers such properties as private homes and businesses, and extends to theme parks.
Amusement parks are also regulated by the Technical Standards and Safety Act, 2000. The Act was established to enhance public safety in certain sectors in the province and "regulates amusement devices, boilers and pressure vessels, elevating devices, fuels, operating engineers, and passenger ropeways and conveyors (ski lifts)."
The Technical Standards and Safety Authority (TSSA) works with theme park operators to ensure mechanics are trained and certified. The onus is on operators to regularly inspect rides at the appropriate times to ensure safety standards are met. The TSSA also conducts its own inspections throughout the year.
Every amusement ride/device operating in Ontario is required to have a valid device permit issued by the TSSA. The permits are issued only after the device passes an initial inspection during its first year of operation or after the device passes its annual periodic inspection.
The TSSA advises that anyone with concerns about a ride can ask the operator for a copy of their device permit, or can call the TSSA toll-free at 1-877-682-8772.
Those found in violation of safety standards face harsh penalties in Ontario. In 2015, a water park operator was fined $400,000 for violations that left some water slide riders seriously injured, the Ottawa Citizen reported.
Injury and Death Are Rare.
Amusement park injury statistics are hard to come by. The CBC reports that there is no federal regulatory body tracking all theme park injuries in either Canada or the United States. However, the International Association of Amusement Parks and Attractions in the U.S. estimated that there were 0.8 injuries per million rides in 2015. Of those injuries, 5.5 per cent were considered serious enough for a hospital visit.
According to the CBC report, the chance of being seriously injured on a fixed-site ride at an American amusement park was estimated to be one in 16 million. The researchers who conducted the study added that U.S. weather experts estimate the odds of being struck by lightning to be one in 775,000.
The TSSA reported 902 safety incidents at outdoor activities such as waterslides, go-carting, bungee jumps and midway rides in Ontario in 2016, the CBC stated. Forty-one of those injuries were deemed serious while 828 were minor. In the same year, more people suffered injuries in elevators, CBC noted.
The news agency stated the TSSA found only four per cent of the incidents were the result of owners or operators failing to adhere to legislation or accepted standards.
Fatal accidents are also rare. However, in 1986, a high-speed rollercoaster crash at the West Edmonton Mall killed three people and seriously injured another. Design and manufacturing flaws were blamed for the accident and the ride was shut down for a year. It has since been permanently closed.
Operators Can Face Litigation.
In August 2010, an 11-year-old boy was injured while preparing to board an aerial tramway at the Centreville Amusement Park on Toronto's Centre Island. He fell after he was struck from behind by the approaching chair of the ride, fracturing his right tibia and fibula.
His family launched a lawsuit against the owners of the amusement park, as well as the employees present at the time of the accident, seeking damages under the Family Law Act. The Court ultimately found that the owners failed in their duty "to make the premises reasonably safe for its customers" and awarded the boy $173,693 in damages.
Manufacturing defects or structural failures can cause an amusement park accident that results in serious injuries. As well, theme parks can be held liable for failing to do their due diligence. That could occur if employees are not properly trained or if riders are not provided with safety rules.
Operators can also be held responsible for the negligent actions of their workers; for example, where an employee starts or stops a ride abruptly leading to an accident. The failure by an employee to enforce safety rules, or to carry out equipment inspections in a timely and prescribed manner, are examples of omissions that can lead to liability in negligence.
You Have a Part to Play.
The TSSA reports that most amusement park injuries are due to rider behaviour. The organization suggests the following safety tips published by the International Association of Amusement Parks and Attractions:
- read and obey the listed age, height, weight and health restrictions before going on a ride or an attraction;
- observe and obey all posted safety rules;
- keep hands, arms, legs and feet inside the ride at all times;
- secure any loose items such as wallets, purses, sunglasses and cell phones;
- do not board a ride when impaired by alcohol or drugs;
- remain seated until the ride comes to a complete stop and obey exiting instructions;
- use the safety equipment provided and never try to loosen or wriggle free from restraints or other safety devices; and
- ensure children who are riding understand and follow safety instructions.
Contact Us if You Are Hurt in an Accident.
The experienced and dedicated team at Gluckstein Lawyers is ready to help if you or a loved one have been injured due to a negligent act or omission on the part of a theme park operator or their employees. We have accident lawyers ready to provide legal advice in Toronto, Ottawa, Niagara and Barrie to serve clients across Ontario. Contact us today for a free consultation.