Question

Sandra Wilkens was a roller-coaster enthusiast who, along with others, attended the Harley Amusement park’s “Roller Fest,” a POP (pay one price) event featuring unlimited roller-coaster riding by all attendees. Sandra, 25 years old, paid the $50 admission fee and was, at the time of her fatal accident, riding the Superman, a wooden double-loop coaster. On the final loop, Sandra was thrown from the coaster and killed. Witnesses say she was standing in the coaster car as it approached the final loop.

Sandra’s family filed suit against the park and its state ride inspectors, claiming negligence because Sandra was placed in a car where she had the ability to stand up. Park officials countered that all riders were informed, via a public address system, not to stand during the ride’s operation. In addition, they pointed to posted signs that warned riders not to stand up during the entire length of the ride. Further, they said, the ride was operating properly, all rider restraints had been inspected and approved that morning, and Sandra had taken inadvisable action to defeat the restraining devices built into the ride.

What level of responsibility should the park operators be assigned for Sandra’s behavior?

Answer 1

The Park operators could be assigned with the responsibility of ‘safety of activities’ and ‘performance expectations’ for it did not make enough provisions for the seat-belt measures or any other direct protection that could have prevented Sandra from standing. While warning notices were placed, the basic safety feature was compromised in the process. That was rather a cheap escape on the part of the Park Operators.