SAN FRANCISCO — In a decision that could force amusement parks to redesign or remove some thrill rides, the California Supreme Court ruled Thursday that operators of roller coasters and similar attractions have the same duty to ensure safety as those who run buses, trains and other means of public transportation.
The 4-3 decision, which found that thrill rides could be classified as "common carriers," said operators must use "the utmost care and diligence" for the safety of riders rather than mere "reasonable care." Most states require operators of amusement rides to use only "reasonable care," industry lawyers said.
Although no one is predicting immediate shutdown of favorite rides, officials of California theme parks said Thursday they might have to change their operations, although they didn't yet know how. Park officials insist they already adhere to the highest safety standards.
The ruling is expected to make it easier for people injured on rides to prevail in lawsuits against amusement parks.
About 20 million people visit amusement parks in California each year, generating $20 billion annually for the state's economy, according to the industry.
In Southern California last year, 350 accidents at amusement parks were reported to the state, but none resulted in serious injury or death. The last fatality occurred in 2003, when a 22-year-old man was killed by the derailment of the Big Thunder Mountain Railroad roller coaster at Disneyland. The state blamed the accident on faulty maintenance.
Thursday's ruling came a few days after a 4-year-old visitor to Walt Disney World in Florida died after being on a popular ride that subjects the body to strong acceleration forces. The cause of death is still being sought.
In ruling against theme park operators, the California Supreme Court said riders are entitled to safety on thrill rides just as they are on trains and buses.
"Riders of roller coasters and other 'thrill' rides seek the illusion of danger while being assured of their actual safety," Justice Carlos R. Moreno wrote for the majority. "The rider expects to be surprised and perhaps even frightened, but not hurt."
Theme park industry leaders said the ruling could mean the demise of thrill rides.
"Under an extreme interpretation, it would take the thrill out of thrill rides," said John Robinson, head of the California Attractions and Parks Assn., a state industry advocacy group. "It puts roller coasters out of business."
