Popular theme park finds itself back in court over injury claim
It has been revealed that a popular theme park has been taken to court this month as a result of a personal injury trial.
The compensation claim case has been filed by an 80-year-old male who contests the safety of a popular attraction - the ‘Twilight Zone Tower of Terror’.
The claimant alleges that he suffered a stroke around 12 years ago after taking a ride on the thrill ride drop tower.
The man’s injury lawyers state that their client was physically active prior to his March 1998 ride on the Tower of Terror, but after the ride, then suffered an artery tear causing a stroke a few weeks later.
It is worth pointing out that the lawyers are not claiming professional negligence or malfunction, only that the functional ride itself is dangerous.
The compensation claim also focuses on ignoring recommendations from its own safety experts when building the attraction and failing to provide appropriate warnings to guests about the safety risks.
This is not the first case of its kind. There were at least 26 cases against theme parks in 2009, claiming that properly functioning rides caused injuries. Most cases were either dismissed or settled.
Barry Novack, the victim’s lawyer said: “This case is about the placement of show or entertainment over safety”.
The theme park team state in the description for the ride that: “The tower is in control”. Lead attorney, Ron Cabaniss for the company, outlined a multi-part defence for the jury.
Firstly, Cabaniss noted evidence will show the ride is carefully planned, tested and monitored, safe, and well within safety standards. And it wields far less speed or force on a body than people think; high speeds and forceful drops are largely illusions.
Secondly, he contends that the claimant had plenty of warnings to understand what the ride was like before he boarded. Cabaniss added that he had other medical problems, and his stroke - suffered 23 days after the ride - was caused by other problems and not by the attraction.
Cabaniss commented: “It is a fun, safe ride for the entire family, no matter young or old. If you can withstand the forces of daily activities from going over speed bumps or potholes - you won't be harmed by this ride, unless you've got some sort of perhaps pre-existing condition”.
Rollercoaster of injury
Whilst theme parks offer a thrill-seeking good time, hundreds suffer injury from mechanical problems and other defects that occur on the rides.
In 2009 a woman sued the same attraction franchise, stating a disabling heart attack and stroke that she suffered were caused by riding the Tower of Terror too.
The public liability case stated that the ride’s design and operation were negligent and that the company failed to satisfactory warn customers of any risks.
In June 2005 a 4-year-old boy died after riding a space ride, in June 2006, a 12-year-old boy died after riding a roller coaster and in June 2007, a 13 year-old girl had both of her feet severed on a ride at a theme park.
Lawyers have urged families to remember the dangers when visiting a theme park.
Updated on 19/04/2010