The family of a 16-year-old who died when she was thrown from a ride two years ago at a church festival in El Paso, Texas, filed a lawsuit against the ride's owner and the church but not the state. "That's quite a high barrier to show that they were acting maliciously," said Christopher Robinette, who teaches law at Widener University in Pennsylvania and follows ride safety. Immunity from negligence claims means a victim's attorney would need to prove the inspectors intentionally ignored an obvious problem or meant to cause harm. "We want to believe that ride inspectors are properly doing their jobs and that everything has been carefully inspected," he said. Philadelphia attorney Jeffrey Reiff, who has handled and consulted cases involving amusement ride accidents, said immunity statutes put state officials above the law. The result is most lawsuits target the ride owners and manufacturers but not the government-employed inspectors - a distinction that some attorneys think should raise questions about how much accountability there is for the people inspecting carnival rides. In what their boss called a vigorous and lengthy review, the veteran inspectors said they didn't notice any cracks, rust or blistered paint where the ride later broke apart.Īttorneys for the family of a teenager killed in the accident and four others left with life-changing injuries believe the inspectors missed obvious warning signs and should share in the blame.īut they won't include the state or its inspectors in any lawsuits or settlements because Ohio, like many other states, gives its ride inspectors immunity from negligence accusations. TOLEDO, Ohio (AP) - Just hours before a rusted steel arm snapped on a carnival ride and flung passengers onto the ground at the Ohio State Fair last summer, four state inspectors gave the ride a final look.
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