It's off-season for most of the nation's amusement parks. But the aftereffects of summers of ever scarier thrill rides are still being felt as a number of lawsuits over injuries and deaths in accidents work their way through the courts. One case may result in a major tightening of safety standards. The California Supreme Court has agreed to rule on whether an amusement-park ride should be classified as a "common carrier" rather than as entertainment. If the court upholds a lower appellate decision, such California parks as Disneyland and Knott's Berry Farm will fall into the same category as buses, taxis, elevators and ski lifts and will have to conform to a standard of "utmost care" rather than "reasonable care." That could mean lower speeds, more restraints and fewer thrills.
The issue is a wrongful-death lawsuit filed against the Walt Disney Co. by the estate of a 23-year-old woman from Spain who died of a brain hemorrhage sustained on the Indiana Jones ride at Disneyland. "I'm pushing to have the amusement parks warn unsuspecting guests that even if they believe they are in good health, there is a risk they could suffer a serious injury," says her attorney, Barry Novack. Theme-park officials are not atingle at the prospect of being lumped with common carriers. "We're in the business of thrilling people and having excitement," says industry attorney Wayne Pierce. "When is the last time you were on an exciting escalator or bus ride?"