Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Published · Reviewed
In this guide
This page is for anyone hurt at a California theme park, water park, fair, family fun center or ski lift, and for families of riders who died. It covers who regulates each kind of ride, the operator's duty, releases, accident records, evidence, children and visitors, and deadlines. It does not cover product defect claims against the companies that design or build rides, or workers' compensation for park employees. The general rules are on our Los Angeles premises liability lawyer page.
Permanent and temporary rides
California runs three ride safety programs, all administered by Cal/OSHA's Amusement Ride and Tramway Unit, according to its program page: temporary (portable) rides, permanent rides, and passenger tramways, which include ski lifts.
| Ride type | Law | Inspection | Accident report to Cal/OSHA |
|---|---|---|---|
| Permanent rides at theme parks, water parks and fun centers | Labor Code 7920 to 7932 | Yearly by a qualified safety inspector; Cal/OSHA audits records and operation | Death or serious injury, immediately by telephone |
| Temporary rides at fairs, carnivals and festivals | Labor Code 7900 to 7919 | Permit, with inspection before first use and at least yearly | Immediately by telephone, then in writing within 24 hours |
| Ski lifts and other passenger tramways | Labor Code 7340 to 7357 | Cal/OSHA, at least twice a year | In writing within five days; by telephone within 24 hours for a death or five or more hurt |
The temporary ride law excludes "the operation of amusement devices of a permanent nature," under Labor Code section 7901(a). Section 7921 defines a permanent amusement ride as "a mechanical device, aquatic device, or combination of devices, of a permanent nature" that carries passengers for "amusement, pleasure, thrills, or excitement." Title 8, section 3195.2(c), treats a ride involving "the purposeful immersion of the patron's body" in water as an aquatic device, and the ART Unit lists water parks among the places its permanent ride rules govern.
Section 7921 leaves out "slides, playground equipment, coin-operated devices or conveyances that operate directly on the ground." Section 7922 excludes trampolines, inflatable rides, skating rinks, miniature golf courses, arcades and batting cages, and rides at a private event "not open to the general public and not subject to a separate admission charge." An injury on an excluded attraction is judged under ordinary care, the duty that applies on any property.
Operator duty of care
The duty depends on what hurt you. For the ride itself, the starting point is Civil Code section 2100: "A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill." Section 2101 requires "vehicles safe and fit for the purposes to which they are put." A carrier for reward is a business paid to carry people.
In Gomez v. Superior Court (2005) 35 Cal.4th 1125, a rider's estate alleged a brain injury and death after a Disneyland ride. The California Supreme Court held that "the operator of a roller coaster or similar amusement park ride can be a carrier of persons for reward under sections 2100 and 2101," so Disney's demurrer, an early challenge to whether a complaint states a claim, should have been overruled. Gomez decided no question of fault, and it repeated that carriers "are not, however, insurers of their passengers' safety."
Gomez cited Squaw Valley Ski Corp. v. Superior Court (1992) 2 Cal.App.4th 1499, which held a resort was a common carrier in operating its chair lifts, and it expressed no opinion on "other, dissimilar, amusement rides or attractions." In Nalwa v. Cedar Fair, L.P. (2012) 55 Cal.4th 1148, the court held a bumper car operator is not a carrier, adopting a lower court justice's words: "A rider of a roller coaster has no control over the elements of thrill of the ride."
In Smith v. Magic Mountain LLC (Nov. 21, 2024, B330833), partially published, the Court of Appeal held the heightened duty did not apply to a patron who hurt her hand "while in line to board a rollercoaster," before final inspection and while she could still leave the platform.
| Setting | Duty | Source |
|---|---|---|
| Roller coaster or similar ride | A carrier's utmost care can apply | Gomez (2005) |
| Ski chair lift | Common carrier | Squaw Valley (1992) |
| Bumper cars | Not a carrier | Nalwa (2012) |
| Queue before final inspection | Heightened duty did not apply | Smith (2024) |
| Walkways, food stands, restrooms, parking | Ordinary care | Civil Code 1714(a) |
Everything that is not the ride is judged under ordinary care. Civil Code section 1714(a) makes everyone responsible for injury caused by "want of ordinary care or skill in the management of his or her property or person." That covers a wet walkway, a broken queue rail and the parking lot. An assault on park grounds is a negligent security claim, and a water park near drowning overlaps with our swimming pool and drowning guide.
Assumption of risk
Primary assumption of risk means a defendant owes no duty to protect against risks inherent in an activity, and it ends a claim. In Knight v. Jewett (1992) 3 Cal.4th 296, the California Supreme Court's lead opinion separated it from secondary assumption of risk, where a duty exists and the injured person's choice to face a known risk is weighed under comparative fault, which reduces an award by that person's share of blame.
Knight added that defendants "generally do have a duty to use due care not to increase the risks to a participant over and above those inherent in the sport." A ski resort need not remove moguls, it said, but must "use due care to maintain its towropes in a safe, working condition."
Nalwa applied primary assumption of risk to bumper cars "even though amusement parks are subject to state safety regulations and even though, as to some rides, park owners owe participants the heightened duty of care of a common carrier for reward." The court wrote, "We do not agree that the existence of safety regulations governing amusement park rides exempts them from the primary assumption of risk doctrine." It also observed that "few would voluntarily ride a roller coaster that regularly caused serious personal injuries."
No California Supreme Court decision has applied primary assumption of risk to a roller coaster rider's serious injury against an operator that owes the carrier duty. Nalwa involved low-speed bumping that riders steer, and Gomez never reached the defense. Until a court decides the question, a park can argue the doctrine, and a rider can argue that a serious injury is not an inherent risk of a ride the rider cannot control.
Ticket releases and arbitration
A release is a promise not to sue, given in advance. Park tickets and passes often include one, with an arbitration clause that sends disputes to a private arbitrator instead of a court. Six Flags' terms are one dated example: its Ticket Terms show "Last updated: August 5, 2026," and its Season Pass and Membership Terms show "Last updated: July 27, 2026." Both have an assumption of risk section and a covenant not to sue that releases claims "INCLUDING CLAIMS ALLEGED TO RESULT FROM THE NEGLIGENCE OF ANY RELEASED PARTIES."
Both require "BINDING ARBITRATION UNDER THE AUTHORITY OF THE FEDERAL ARBITRATION ACT" before the American Arbitration Association, say "Six Flags does not consent to have any disputes arbitrated using class action or mass arbitration procedures," limit claims to an "individual capacity," and waive "any right to a trial by jury." Earlier versions were not retrieved, so which text applied on a given visit is a separate question.
California law limits what an advance release can do. Civil Code section 1668 says contracts that exempt anyone "from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law." For common carriers, section 2174 says obligations "cannot be limited by general notice on his part, but may be limited by special contract," and section 2175 says a carrier "cannot be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his servants."
In City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747, the California Supreme Court held that "an agreement made in the context of sports or recreational programs or services, purporting to release liability for future gross negligence, generally is unenforceable as a matter of public policy." It described gross negligence as "either a 'want of even scant care' or 'an extreme departure from the ordinary standard of conduct.'" It did not decide the ordinary negligence question, and it noted appellate decisions holding recreational releases of ordinary negligence are not void.
How these rules apply to one injury is case-specific: which version of the terms the rider accepted, who bought the ticket, whether the operator acted as a carrier, and whether the conduct alleged is ordinary negligence, gross negligence or a violation of law. A release an insurer sends after an injury is a different document, covered in five documents an adjuster sends.
Accident reports and records
Each operator of a permanent amusement ride shall report or cause to be reported to the division immediately by telephone each known accident where maintenance, operation, or use of the permanent amusement ride results in a death or serious injury to any person unless the injury does not require medical service other than ordinary first aid.Labor Code section 7925(a)
Section 7925(a) adds that when a death or serious injury results from "the failure, malfunction, or operation" of the ride, "the equipment or conditions that caused the accident shall be preserved for the purpose of an investigation by the division." If Cal/OSHA decides preservation is needed, Title 8, section 344.15, says it "shall make a reasonable effort to initiate the inspection within 24 hours." That is the agency's target. The operator's report is due immediately.
Section 7925(b) lets Cal/OSHA "order a cessation of operation" of a ride found "hazardous or unsafe," and section 7925(c) requires fire or police called to a serious ride accident to notify it "by telephone immediately." Temporary ride operators report immediately by telephone and then file "a written accident report to the division within 24 hours" under section 7914.
Permanent ride owners must keep "records of accidents of which the operator has knowledge" that resulted from a ride's "failure, malfunction, or operation" and required "medical service other than ordinary first aid," under section 7924(f). Title 8, section 3195.12, requires those records for at least five years, with "a detailed description of the accident," the injury and treatment, and names, including "a representative number of witnesses, if any." It also requires records of "amusement ride incidents," which include a closure of more than 12 consecutive hours.
If Cal/OSHA finds a willful or intentional violation that results in a death or serious injury, section 7930 requires a civil penalty of $25,000 to $70,000. Section 7926 lets a permanent ride operate only with liability insurance of at least $1,000,000 per occurrence, a bond of that amount, or qualifying self-insurance.
Cal/OSHA records can be requested under the California Public Records Act. DIR's public records page says it needs up to ten days to say whether it has responsive records, sometimes 14 more, as Government Code section 7922.535 allows. Title 8 sections 344.17 and 3195.14 keep ride documents confidential where Labor Code section 6322 or other law protects them, and section 7923.600 exempts investigatory files compiled "for correctional, law enforcement, or licensing purposes." Expect redactions, and a file from an open inspection may be withheld.
Evidence and preservation
After a ride injury, the first record is medical. Tell the emergency doctor which ride you were on, when, and what you felt. MedlinePlus notes that "Symptoms of a head injury can occur right away or may develop slowly over several hours or days" (head injury first aid). Keep the discharge papers, imaging reports and later visit records, and use our concussion symptom tracker for a dated log.
Research on rides and head injuries
Medical journals have published case reports of bleeding around the brain after roller coaster rides, including a 1994 report. Studies that measured head motion on ordinary coasters found low forces. A 2002 study said its "findings do not support the contention that current roller coaster rides produce high enough forces to mechanically deform and injure the brain." A 2017 pilot study found strains below the average concussion level, but reported that "head motion and brain deformation during roller coaster rides are highly sensitive to individual subjects." Some case reports involve a blood thinner, an earlier fluid collection or an aneurysm.
Records to keep
Most of the evidence sits with the operator: maintenance and inspection logs, ride data, video, the restraint and seat, and the accident record Title 8 requires. The preservation duty in Labor Code section 7925(a) serves Cal/OSHA's investigation, and nothing in it promises that evidence will be kept for your claim. A preservation letter from a lawyer asks the operator in writing to keep specific equipment, video and records. Our before-you-call checklist lists what to have ready.
Children and visitors
A child's claim usually gets more time. Code of Civil Procedure section 352(a) says that if a person is "under the age of majority or lacking the legal capacity to make decisions" at "the time the cause of action accrued," the time of that disability "is not part of the time limited" for suing. The disability must exist when the claim accrues, and section 352(b) removes the extra time for claims that must first be presented to a public entity. Our guide to minors' injury claims and settlements explains how a child's claim is brought and approved.
Park terms often reach children too. Six Flags' current ticket terms release claims "ON BEHALF OF YOURSELF AND ANY MINOR FOR WHOM YOU ARE LEGALLY RESPONSIBLE." City of Santa Barbara noted that California courts have enforced parent-signed releases of future ordinary negligence in children's recreation, a position it said "apparently represents a minority view."
Six Flags' Ride Safety page says height, weight and physical requirements "help ensure restraints fit properly and that guests can maintain the appropriate riding position throughout the experience." It tells guests who have "taken medication within the last 72 hours" or have "a medical condition that may be affected by the forces of a ride" that "the safest choice is to sit this one out." A park may argue that a rider who ignored a posted limit shares the fault, which under the comparative fault system Knight describes usually reduces an award rather than ending the claim.
For visitors from other states and countries hurt here, California's two-year rule in Code of Civil Procedure section 335.1 is the usual starting point. The park's terms still need reading. Six Flags' current ticket terms say arbitration hearings "shall be conducted by video or telephone" unless the arbitrator finds an in-person hearing necessary. That hearing takes place in the park's county, and "the laws of the state in which the Six Flags Park is located shall govern." Get copies of your California emergency records before you leave.
Filing deadlines
Most ride injury lawsuits must be filed within two years. Code of Civil Procedure section 335.1 sets two years for "an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." The discovery rule "postpones accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action," the California Supreme Court said in Fox v. Ethicon Endo-Surgery, Inc. (2005). But a person who suspects wrongdoing "cannot wait for the facts to find her," as Jolly v. Eli Lilly & Co. (1988) put it. A rider with symptoms on the ride date may be found to have had reason to suspect that day.
A ride run by a public entity has a much earlier deadline: a claim for injury or death must be presented "not later than six months after the accrual of the cause of action," under Government Code section 911.2. A public entity includes "the state" and "a county, city, district," under section 811.2. That reaches a city-owned park ride and a fair run by a district agricultural association, which Food and Agricultural Code section 3953 calls "a state institution"; section 3955 sends claims against one to the Department of General Services. Our guide to injuries on government property covers the claim.
Our deadline calculator and California personal injury deadlines table show both clocks. Families of a rider who died should also read who can file a wrongful death claim.
X2 as a current example
X2 is a roller coaster at Six Flags Magic Mountain in Valencia. As of October 5, 2026, the ride has been closed since "the evening of July 12," a park spokesperson told ABC7. On September 29, 2026, Six Flags announced, "After almost 20 years, we have decided to permanently retire X2," writing that X2 "consistently passed a multitude of safety tests" and that it closed the ride "because we believe it's the right thing to do."
Cal/OSHA's Amusement Ride and Tramway Unit "has opened an inspection into the reported incident involving the X2 roller coaster at Six Flags Magic Mountain," a Cal/OSHA representative told KTLA, as KHTS reported on August 13, 2026. The Associated Press reported on September 30 that the investigation "remains ongoing." An open inspection is not a finding, and whether a Labor Code section 7925 telephone report was made is not publicly known.
Three riders filed lawsuits on September 21, 2026, in California Superior Court, naming Six Flags, the company that built X2's trains and several individuals, NBC News reported. The lawsuits allege bleeding inside the skull that required brain surgery, the Associated Press reported. A park spokesperson said, "It is our policy not to comment on pending litigation." Wise Personal Injury & Accident Law, APC does not represent anyone in those lawsuits. Our Six Flags X2 guide tracks the record, also in Spanish, and our Santa Clarita page covers the Valencia area.
After a ride injury
The operator usually answers for a ride injury its carelessness caused, under a carrier's utmost care on a roller coaster and ordinary care elsewhere in the park. A release, an arbitration clause, assumption of risk or a public-entity deadline can change the path, so the first questions are which ride, which operator, which ticket and which date.
Josh Kohanim, Esq. is the firm's founder and trial attorney. Call (424) 235-7879, where Spanish-speaking staff answer the phone, or use the form. No fee unless we recover. If there is no recovery, you owe no fee and no case costs.