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A “real” KMG Freak Out in the USA (left) and the offending Hang Over ride in the Netherlands (inset, below)
Park Law by Heather M Eichenbaum Esq
The legal risks of retail
but can be damaging to anyone else who owns a genuine article.” In 2011, an accident in Spain on
a look-a-like ‘Freak Out’ built in Eastern Europe led to the death of
four people. Copying ride ideas, of course, is nothing new (who doesn’t make a version of a pirate ship or a drop tower?) but as the two photos here prove, the rogue manufacturers in question are building attractions that mimic the same structure, décor and other aesthetic attributes as the original. What’s “under the bonnet” (hood) is perhaps a different matter. Buy with caution!
Magic wands everywhere!
It was inevitable. Like the multiplying brooms in Disney's Sorcerer’s Apprentice, magic wands are beginning to proliferate. Following the successful sale of interactive magic wands in shops accompanying Universal Studios’ Harry Potter attractions, Disney parks will soon be offering Sorcerer Mickey magical wands. They will have multiple light-up functions and will give guests the ability to change the light patterns of other new ‘Made With Magic’ items. The wands will behave like the light-up paint brushes that Hong Kong Disneyland has been selling at its new Paint the Night parade. All of Disney's former ‘Glow with the Show’ technology and shows has been rebranded as Made with Magic. The original psychedelic Glow with the Show ear hat will continue to be offered, but now there will also be a Minnie Mouse-inspired headband, a Mickey Mouse glove, and the
Sorcerer Mickey magical wand. Each item will be priced at $25.00. Watch those cash tills light up!
There is so much more to our modern amusement facilities than just rides. From parking lots, to games, food and retail, the opportunities for guests to be injured, or allege injury, are endless from the moment they enter your property to the moment they leave. Retail shops in amusement parks are no different than retail stores on the streets or in malls. Standards govern the retail industry and you should apprize yourself of those standards and devise a plan to comply with them to avoid liability for accidents within your gift shops. Some of the standards you should adopt follow. Stocking of merchandise: Re-stock merchandise during off hours, preferably when the shop is closed and, only when necessary, during off- peak hours when it is open. Boxes and merchandise on the floor during stocking are prime trip hazards. If you must re-stock during open hours, block the area with caution cones or tape so guests’ attention is drawn to what is on the floor and they can avoid it. This is particularly true when stocking areas that are “around a corner” from a main pedestrian aisle. In stocking displays, place breakables at higher levels and place warning signs about fragile items. Signage advising guests to “ask for assistance” with such merchandise can also avoid accidents, injuries, and loss of merchandise to breakage. Shelving and displays: First and foremost, no display should block or obstruct an emergency exit or aisle leading to such an exit. Additionally, all displays, and end shelves in particular, should be well-stocked so their presence is obvious. Shelves should be at least three inches (10cm) off the floor or they can be a tripping hazard. Finally, peg-hook displays should have only rounded hooks or they can cause eye injury. Ideally, peg hooks should not be used below four feet (1.2m) off the ground as young guests are particularly susceptible to running into things. All hanging displays should be no more than seven feet (2.1m) from the floor, to avoid head injury. Make sure that your fixtures of whatever type are in good condition, free of sharp edges and anchored so avoid tipping over if pulled on by a guest. Cleaning: Spills happen. The floor should be regularly checked for spills and other debris that could cause a slip or trip and fall. You can lessen the likelihood of spills if you ban beverages in your retail shops. Regardless, however, employees must be vigilant in constantly looking for spills and debris and any found must be immediately blocked off and cleaned up. Wet floor or caution signs should be kept at both the front and rear of your shops so a sign can be quickly placed near spills while an employee gets a mop or towels to clean up.
Operating a gift shop in an amusement park is not as simple as choosing what souvenirs and sundries to sell and opening the door to sales. Proper precautions must be taken to avoid placing both guests and employees at risk while they work and shop. Indeed, while the most significant injuries are generally alleged from amusement rides, a slip or trip and fall resulting in a broken ankle, deep cut on a broken display, or an eye injury to a child who runs into a hook holding your souvenirs, will impact your insurance loss runs and your bottom line cost of doing business just as significantly. Following the recommendations outlined above will go far in reducing the risks and incidents alleged in your retail stores.
Heather M. Eichenbaum is a Member with Spector Gadon & Rosen PC, practising in Pennsylvania, New Jersey, Florida and New York. As well as defending amusement, sports, hospitality and recreation venues, she acts as legal counsel to, and is a board member of NAARSO, as well as a member of the NJAA, IAAPA, OABA and IISF. For legal assistance, reach Heather at +1 215-241-8856 or
heichenbaum@lawsgr.com
NOVEMBER 2014 9
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