[h=3]http://www.nolo.com/legal-encyclopedia/amusement-park-accidents-32457-2.html
Defenses to Amusement Park Lawsuits[/h]Assumption of the risk. If someone knows that participating in an act or event is inherently dangerous, but chooses to participate anyway, that person is said to have "assumed the risk" associated with that activity. When you visit an amusement park, you realize there are certain risks inherent in riding on the rides and, when you go on those rides, you are assuming those risks.
The legal effect of assumption of the risk depends on the state. In some states, if the park can show that you assumed the risks of a certain ride, the park will not be liable for your injuries. In other states, whether you assumed the risk or not may affect the amount of money you receive should you prevail in a lawsuit. In still other states, assumption of the risk has no affect at all -- the amusement park cannot use it as a defense.
Assumption of the risk is not a blanket defense that can be employed against anyone who knowingly goes on an amusement park ride. Patrons must be aware of the risks involved in order to assume them. So, for example, if a rider doesn't know about a loose screw in a roller coaster, that the ride operator received little or no training, or that the park never conducts safety inspections, the rider cannot have assumed the risks associated with those details.
Disclaimers on amusement park tickets. The amusement park may argue that the disclaimer on the amusement park ticket (the legal language saying you absolve the park of all liability when you enter the park) means you cannot bring a lawsuit against it.
These defenses rarely hold water in court. Judges know that most patrons don't read the disclaimer and usually rule that the disclaimers are so vague and all-inclusive that they are patently unreasonable. In addition, it's questionable whether a child or teenager that is legally unable to enter into a contract can be held to what the amusement park is attempting to do (absolve itself of legal liability) via the disclaimer.