Exculpatory Agreements: Oaks Amusement Park Viral Video Relevance
The video depicts an amusement park goers’ nightmare. Riders of the Atmosfear in Portland, Oregon’s Oaks Park, had anything but a fun time when the ride got stuck, leaving them dangling in the air for almost 30 minutes. Do the exculpatory agreements they signed mean the park is not liable for damages?
What are Exculpatory Agreements?
Exculpatory agreements are waivers that release “one of the contracting parties from liability for his or her wrongful act.” Amusement parks and entertainment venues often print them on the back of tickets. The purchaser does not need to sign a waiver or anything; just purchasing the ticket means they agree to the terms. Businesses rely on these contracts to limit liability and prevent litigation.
Although many venues rely on exculpatory agreements, they rarely work. Courts look down on these agreements because they often attempt to excuse businesses from negligence. For example, the amusement park could have avoided the situation in this video by enforcing a higher standard of care.
Therefore, the people on the ride have every right to sue the company.
Are Exculpatory Contracts Ever Valid?
When rides malfunction, it is often due to amusement park negligence. That’s why exculpatory agreements rarely hold up. However, there are situations where they protect businesses from liability.
Exculpatory agreements are typically broad, referring to all types of injuries that may occur on the premises. But when they are more specific, they may be valid. For example, if the Oaks Park contract specifically mentioned that the business was not responsible for damages that occurred on the Atmosfear, it may have been excused from liability.
How Does Premises Liability Refer to Amusement Parks?
Amusement parks have a duty of care to protect their patrons. They must conduct maintenance and safety inspections to ensure rides are safe and have the proper restraints. Ride operators must inform riders of best safety practices before the ride starts.
Sometimes, amusement parks try to call incidents “freak accidents.” They claim that an accident happened despite their best efforts to maintain and inspect their rides. However, these arguments rarely hold up in court.
The parks are also responsible for keeping their grounds safe. The staff must attend to any potential dangers on the grounds, warn patrons of slippery surfaces, clean up food messes, and provide railings in steep areas.
Are Amusement Parks Ever Not Responsible for Damages?
Exculpatory agreements don’t cover much, but there are situations where an amusement park may not be responsible for damages. Suppose a rider does something that puts them in danger while on a ride. They will be liable for their injuries. For example, if a rider stands up on a ride and gets hurt after being warned not to do so, they will be liable for their injuries.
Some state laws also distinguish between invitees, licensees, and trespassers. Invitees are people invited to the park, such as patrons; licensees are people licensed to work at the park and operate the equipment, and trespassers are people who access the grounds illegally.
Certain laws will excuse a venue for trespasser injuries because they should not have been on the grounds in the first place. However, many courts will state that the park should be safe for anyone who enters, regardless of their status.
In some instances, riders will sue the ride manufacturers for faulty design or an inherent flaw. They may have a case, but they can still sue the park for premises liability. Parks should be responsible for identifying these flaws and keeping patrons safe.