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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

                 DEATH   AND  INJURIES


                     Gwen  Seaquist*
                     Marlene Barken**


   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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