Louisiana State Fire Marshal Office

State: 
Louisiana
Jurisdiction: 
Louisiana
Agency: 
State Fire Marshal Office
Overview of Amusement Ride Regulation
Regulation Type: 
Government officials inspect rides and investigate accidents
Inspection Program: 

State officials inspect rides at each setup. Owner-hired 3rd party inspectors or insurance inspectors inspect rides annually.

Investigative Authority: 

Accidents are investigated by state inspectors or insurance inspectors.

Reporting Criteria: 

Ride-related death or serious injury resulting in immediate overnight hospital admission. Fatalities reported within 12 hours; serious injuries reported within 24 hours.

Patron Responsibility Law: 

Reporting the Injury
A. A rider or his parent or guardian on the rider's behalf, shall report in writing to the owner any injury sustained on a carnival or amusement ride before leaving the owner's presence, including:
(1) The name, address, and phone number of the injured person.
(2) A full description of the incident, the injuries claimed, any treatment received, and the location, date, and time of the injury.
(3) The cause of the injury, if known.
(4) The names, addresses, and phone numbers of any witnesses to the incident.
B. If the rider, or his parent or guardian on a rider's behalf, is unable to file a report because of the severity of his injuries, he shall file the report as soon as reasonably possible.
C. The failure of a rider, or his parent or guardian on a rider's behalf, to report an injury as required by the Section shall have no effect on the rider's right to commence a civil action.

Code of Rider Conduct
A. A rider shall obey the posted rules, warnings, and oral instructions for a carnival or amusement ride issued by the owner or his employee or agent.
B. A rider shall refrain from acting in any manner that may cause or contribute to injuring the rider or others, including:
(1) Exceeding the limits of the rider's ability.
(2) Interfering with the safe operation of the carnival or amusement ride.
(3) Failing to engage any safety devices provided for the rider's safety.
(4) Disconnecting or disabling a safety device except at the express instruction of the owner's agent or employee.
(5) Altering or enhancing the intended speed, course, or direction of a carnival or amusement ride.
(6) Using the controls of a carnival or amusement ride designed solely to be operated by the owner's agent or employee.
(7) Extending arms and legs beyond the carrier or seating area except at the express direction of the owner's agent or employee.
(8) Throwing, dropping, or expelling an object from or toward a carnival or amusement ride except as permitted by the owner's agent or employee.
(9) Entering or exiting a carnival or amusement ride except at the designated time and area, if any, at the discretion of the owner's agent or employee.
(10) Unreasonably controlling the speed or direction of the carnival or amusement ride that requires the rider to control or direct himself on a ride.
(11) Overloading a carnival or amusement ride beyond its designated capacity.

Rider Qualifications
A rider shall not enter or attempt to enter a carnival or amusement ride unless the rider or his parent or guardian on a rider's behalf, reasonably determines that at a minimum:
(1) The rider has sufficient knowledge to use, enter, or exit the carnival or amusement ride safely without instructions or has requested and received, before entering the carnival or amusement ride, sufficient information to enter, use, or exit the ride safely.
(2) The rider has located, reviewed, and understood any signs in the vicinity of the carnival or amusement ride and has satisfied any posted height or other restrictions.
(3) The rider knows the range and limits of his ability and knows the requirements of the carnival or amusement ride will not exceed those limits.
(4) The rider is not under the influence of alcohol or any drug that affects his ability to safely use the carnival or amusement ride or obey the posted rules or oral instructions.
(5) The rider is authorized by the owner's authorized agent or employee to enter the carnival or amusement ride.

Parent or Guardian Conduct
Parents or guardians of riders have a duty to ensure that a rider complies with all provisions of this Subpart.

Criminal Penalty
If a person willfully voilates any provision of this Subpart, the person shall be guilty of a misdemeanor and, upon conviction of the first offense, shall be subject to a fine not to exceed twenty five dollars and for subsequent conviction, up to one hundred dollars in fines.

Date of last update: 
September 16, 2008