Roller coasters are the biggest thrill rides in the world. There are over 760 roller coasters in the United States alone, in Disney Parks, Universal Studios, Six Flags, and other theme parks. Roller coasters are typically well-designed and tested to ensure rider safety, but occasionally there may be a defect that leads to tragedy. If a rider is not properly secured, a young man like Tyre Sampson could fall 70 feet from a rider and perish.
Tyre Sampson was in Orlando on spring break from St. Louis on March 24, 2022, when he went with friends to Icon Park in downtown Orlando. Sampson and his friends rode Orlando Free Fall, which placed 30 riders in seats attached to a tower. The riders were secured with a shoulder harness and dropped 430 feet. However, it didn’t have seat belts, which most drop rides have as an extra safety measure.
The 14 year-old was 6 feet and 2 inches tall and weighed 380 pounds. Due to his size, the harness on the Orlando Free Fall didn’t properly lock. Sampson was ejected from his seat when the ride braked 70 feet from the ground. The state of Florida ordered the ride closed after the accident. The Orlando Free Fall never reopened and is now being demolished.
His parents argued that Icon Park and the ride manufacturer, Funtime, should have warned their son about the risks to someone of his size. More importantly, the ride didn’t have seat belts, which would have only cost $660 to install.
Icon Park had already settled with Sampson’s family for an undisclosed amount. The Orange County jury awarded $310 million to Nekia Dodd and Yarnell Sampson’s parents. However, Funtime never appeared in court to defend itself.
Default Judgment
If a defendant fails to reply to a lawsuit or otherwise fails to appear during the case, a default judgment is issued in favor of the plaintiff. Funtime likely received a summons and complaint, but failed to reply within the time frame provided by the court, thereby permitting the court to grant judgment in favor of Sampson’s parents. Since Funtime wasn’t present to defend itself, the jury could come up with a reasonable award for the plaintiffs.
Risk of Injury on a Roller Coaster Does Not Absolve Amusement Parks of Gross Negligence
To be sure, there is often a risk of injury on any roller coaster ride. Roller coasters are rides designed to travel at high speeds with quick turns, drops, or even loops to scare the riders. Traveling at such speeds with sudden direction change will carry the risk of neck pain, back pain, heart attacks, or other types of injury. However, there is no way to remove this risk of injury without slowing down rides or eliminating drops or other thrills, which would defeat the purpose of roller coasters. Anyone riding a roller coaster must accept there is some risk of injury just from the nature of being in a roller coaster.
However, a risk of injury does not absolve either the designer or the owner of the roller coaster from all responsibility to ensure the safety of the riders. It is still the designer and/or owners’ responsibility to ensure that riders are properly strapped in. A roller coaster that is missing a safety harness or a seat belt is potentially defective.
If a roller coaster fails to check safety harnesses or seat belts, the roller coaster operator is negligent. The complete absence of a harness or seat belt though could constitute gross negligence. Gross negligence is when the defendant fails to operate with any care or safety consideration whatsoever. Gross negligence is punished more severally by the law than ordinary negligence. When it comes to personal injury or accidents, gross negligence does not apply to assumption of risk. Although certain activities such as roller coasters may carry some risk of injury, businesses are not permitted to increase that risk. The failure to install a seatbelt – especially if that seatbelt would have only cost a few hundred dollars per vehicle – has no relation to the actual risks posed by Orlando Free Fall and would fall outside the normal assumption of risk for a thrill ride.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.