Every year, millions of people ride roller coasters, water slides and carnival rides at theme parks, water parks and county fairs. Almost all of them go home fine. When a ride hurts someone, the park or carnival usually says the same thing: riders accept the risk. California law does not accept that answer for every injury. This article explains who can be responsible, what the courts have said, and what has changed since 2024.
How are rides regulated in California?
The Amusement Ride and Tramway Unit of Cal/OSHA, part of the state Department of Industrial Relations, oversees portable rides, permanent park rides and ski lifts. Two sets of laws apply:
- Portable rides at fairs and festivals fall under the Amusement Rides Safety Law (Labor Code section 7900 and following). A ride needs a permit showing it passed inspection. A ride cannot get its original inspection certificate until a licensed engineer certifies in writing that it meets state safety standards (Labor Code section 7903).
- Permanent rides at theme parks fall under the Permanent Amusement Ride Safety Inspection Program (Labor Code section 7920 and following). The definition covers mechanical and aquatic devices, with exclusions for items like playground equipment. Owners must file a yearly certificate of compliance signed by a qualified safety inspector, and the state reviews records and operations (Labor Code section 7924).
When a permanent ride causes a death or a serious injury that needs more than first aid, the owner must report it to Cal/OSHA immediately by phone (Labor Code section 7925). State regulations also require the owner to preserve the equipment or conditions involved until the state decides whether it needs them kept longer (Cal. Code Regs., tit. 8, § 344.15). Those reports and records can become key evidence.
What duty does a ride operator owe?
Civil Code section 2100 says a carrier of persons for reward must use “the utmost care and diligence” for passengers’ safety. In Gomez v. Superior Court (2005) 35 Cal.4th 1125, the California Supreme Court held that this rule can apply to an amusement ride.
The case came from the Indiana Jones attraction at Disneyland. A 23-year-old woman visiting from Spain on her honeymoon suffered a brain injury and later died. Her family alleged the ride’s violent shaking caused bleeding in her brain. Disney argued it was not a carrier because the ride starts and ends at the same place. The Court disagreed. It pointed to a tourist who rides a San Francisco cable car round trip just for fun: that person has still been transported. Riders on a roller coaster give up control. The operator decides every drop, turn and burst of speed. That is why the operator owes the highest duty of care.
The higher duty does not make a park an insurer. The injured rider still has to show the operator fell short of that standard.
Where does the higher duty stop?
Bumper cars
In Nalwa v. Cedar Fair, L.P. (2012) 55 Cal.4th 1148, a rider broke her wrist on a bumper car ride at Great America. The Supreme Court held the operator was not a common carrier for that ride. Bumper car riders steer, chase and bump each other. They are not passively carried. The Court also held that being bumped is a risk built into the activity, so the “primary assumption of risk” doctrine barred her negligence claim. That doctrine means a business generally has no duty to protect you from risks that are part of the activity itself. It still must not increase those risks.
Waiting in line (new since 2024)
In Smith v. Magic Mountain LLC (Cal. Ct. App., Nov. 21, 2024, No. B330833), a guest hurt her hand at the Twisted Colossus coaster while waiting in the holding area before boarding. The Court of Appeal confirmed that a roller coaster operator is a common carrier. But it held the heightened duty had not yet begun. It applies only once the person shows intent to ride, the operator signals acceptance, and the person is placed under the operator’s control. She had not yet reached the boarding platform, and the final check had not happened. Judgment for the park was affirmed. Ordinary negligence rules still apply to queues, walkways and platforms.
Water slides
In Sharufa v. Festival Fun Parks, LLC (2020) 49 Cal.App.5th 493, a rider at Raging Waters slipped off his inner tube onto his stomach. His feet hit the bottom of the splash pool hard enough to fracture his hip and pelvis. The Court of Appeal held that the water slide park owed the heightened duty of a common carrier, because riders do not control the course. He still lost his negligence claim. His engineer’s declaration had been excluded, and there was no other evidence the park breached its duty. The court did revive his product liability claims. The lesson: the higher standard helps, but only with proof of what went wrong.
What else is new since 2024?
In February 2025, a federal jury in Los Angeles found for a 74-year-old woman hurt at the Harry Potter attraction at Universal Studios Hollywood. The court entered a $7.25 million judgment against Universal City Studios on a premises liability claim on March 3, 2025 (Morrison v. Universal City Studios, LLC, C.D. Cal. No. 2:24-cv-02119). The case shows that injuries around a ride, not only on the track, can be serious and can be proven.
Who can be responsible?
- The park or ride operator, for restraints, maintenance, operator training, height and health warnings, and the rules it enforces.
- The traveling carnival company that owns, sets up and runs a portable ride.
- The fair or event host that hired the carnival and controls the grounds.
- The manufacturer or designer, when a ride or its parts are defective. See our page on product liability.
Fairs run by public agencies
Many California fairs are put on by district agricultural associations, which are state entities, or by counties. A claim against a public entity usually must begin with a written government claim. That claim has a much shorter deadline than a lawsuit against a private company. Read more about claims against a government agency.
What to do after a ride injury
- Report the injury to staff before you leave and ask for the incident report number.
- Photograph the ride, the seat and restraint, posted signs, the queue and your injuries.
- Get names of witnesses and the ride operator.
- Keep your ticket, wristband and receipts, and see a doctor. Head injuries can be delayed.
- Move fast. Rides get repaired, and a carnival can leave town in days. A lawyer can send a demand to preserve the ride and its records.
TORKLAW handles amusement park accident, brain injury and catastrophic injury cases throughout California.
Frequently asked questions
Did I give up my rights by buying a ticket?
Not automatically. Riders accept risks that are part of the ride itself. They do not accept a failed restraint, poor maintenance or operator error. For thrill rides like roller coasters, the operator owes the utmost care.
Is a water park held to the same standard as a roller coaster?
A California appellate court held in 2020 that a water slide park owes riders the heightened duty of a common carrier. You still need evidence that the park fell short.
Who inspects carnival rides in California?
Cal/OSHA’s Amusement Ride and Tramway Unit oversees both portable carnival rides and permanent theme park rides.
How long do I have to act?
Deadlines vary by state and by case, and claims against a government agency can have much shorter deadlines. Contact a lawyer promptly.