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13 Ne. J. Legal Stud. 109 (2005)
Criminal Liability for Amusement Park Death and Injuries

handle is hein.journals/neastjol13 and id is 119 raw text is: 109 / Vol. 13 / North East Journal of Legal Studies CRIMINAL LIABILITY FOR AMUSEMENT PARK DEATH AND INJURIES by Gwen Seaquist* Marlene Barken** INTRODUCTION AND BACKGROUND Recently, there have been significant developments in the legal landscape affecting the liability of amusement parks for injuries and deaths occurring on the premises.' Partially due to a perceived increase in the number of deaths and serious injuries, civil suits are in the forefront of the news. 2 Numerous suits have been filed alleging a wide variety of underlying causes of action and relying often on creative legal theories.3 Nevertheless, few plaintiffs have been successful. A 1981 amendment to the Consumer Product Safety Act explicitly excluded fixed site rides from the authority of the Consumer Product Safety Commission(CPSC). 4 Known as the roller coaster loophole, permanent rides such as those found at Disney World and Six Flags are not covered by any federal regulation.5 In contrast, nonpermanent traveling carnivals and rides are subject to the jurisdiction of the CPSC. Since 1999, and most recently in May of 2003, Representative Edward Markey of Massachusetts has unsuccessfully introduced legislation in the House to restore * Coordinator, Legal Studies Program, Ithaca College ** Associate Professor of Legal Studies, Ithaca College

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