Broken Yo-Yo Ride Liability Swings Toward Owner

A Yo-Yo carnival ride full of children swinging in seats from chains and one hydraulic arm, cracked, and then collapsed, injuring many children, as reported by The Wichita Eagle for Kansas.com.

There were at least two dozen children that were dragged to the ground and then slammed into rails.

One family, with four of its children held as occupants during the accident, has been awarded over 3.3 million in a lawsuit. 

The accident occurred during the Calaveras County Fair and Jumping Frog Jubilee in Angels Camp, California in May of 2008. 

Safety investigators have faulted the ride's owner, who bears the brunt of the settlement, for failure to maintain the ride.  The manufacturer, Chance Rides Manufacturing of Wichita, will pay $500,000, because they were found at fault for not telling owners of the ride's various risks.

In 2006 an accident like this one - where it was found that a lock washers failure caused two lock nuts to come loose, making the arms that swing riders fall off - happened at Six Flags Over Texas. 

The lawyer representing the family, Robert Allard of San Jose, said, "Essentially they sacrificed consumer safety for their own protection."

The U.S. Consumer Safety Commission and Chance have since recalled 85 of the Yo-Yo rides for inspection and repair - a full five months after the accident at Angels Camp. 

Allard contends that Chance has known of the problems two years prior to the accident.

Five days after the Texas crash injured nine people, Chance sent a service memorandum that detailed what caused the accident, and, how to fix it.  But four days after the initial bulletin, another was sent that didn't include the safety guidelines.

The owners of the ride in California never completed any maintenance. 

The Yo-Yo ride employs swings as seats that travel in circles.  Each seat is suspended by a chain and is attached to one large hydraulic cylinder.

The California Department of Industrial Relations found that two owners never serviced their rides for over 10 years.  The report also said that Chance was required to have the cylinder rebuilt every five years in Wichita.  They found that the ride hadn't been serviced since 1997, had leaking hydraulics and improper connections.

Midway of Fun owned the ride during the accident, which they had purchased two years before from North American Amusements.

A safety report from the accident read, "Witnesses report that the Yo-Yo made 1 1/2 revolutions, dragging the passengers before coming to a stop."

Robert and Deena Milligan's four children were all injured in the crash that injured 23 children in all.  Milligan's eldest daughter, 14, suffered the most and her doctors contend that she now has severe learning disabilities.

Midway of Fun is to pay $2.5 million, Chance is responsible for $500,000 and North American Amusements is also ordered to pay $375,000. 

In the two years since the accident the Milligans have had to pay extensive medical bills for their children.

If you, or your children, have suffered an injury at an amusement park, click here to contact a personal injury lawyer from our directory today!