Death at a Theme Park: Patron Injured, Professional Killed in High-Speed Race
If you or a loved one suffers a personal injury at a theme park, don’t be afraid to seek the assistance of an attorney. An attorney can confirm whether or not your case is likely to be successful. Even if you signed a waiver, an attorney can help discover if a third party is liable, or if the waiver is appropriate.
High-Speed Racing Attraction
A professional driving instructor was killed on the job while instructing a park patron, who was also injured in the high-speed crash. At the Exotic Driving Experience attraction in Orlando, Florida, park patrons can pay between $200 and $440 to operate high-end cars and race around a professional track at speeds as high as 120 miles per hour. Unfortunately, although trained professionals supervise the patrons, the track is still dangerous.
In this case, the 24-year-old patron was cruising around the one-mile course at around 100 miles per hour when he lost control of the vehicle. The vehicle spun three times, with the instructor attempting to grab the wheel and stabilize the vehicle, but it eventually hit a guardrail. The professional instructor was pronounced dead on the scene, and the patron himself was taken to a hospital. After the incident, the park shut the attraction down for an entire week. The park plans to remove the attraction this summer.
The Park’s Defenses
Of course, the park required both professional and patron to wear helmets and seatbelts. Also in order to defend itself, the park requires patrons to sign a waiver, watch a safety video, and review safety tips and the set-up of the track with the assigned professional. Despite these basic precautions, unfortunately, others have previously died at similar speedways, including deaths in New Jersey and Indiana.
Because it was a private track, no criminal charges are expected to apply to any individual or company. Investigators from the Occupational Health and Safety Administration, who are supposed to promulgate regulations to ensure safe worksites for all individuals, are looking into the raceway. In particular, commentators have raised concerns about the placement of the guardrail in relation to the clockwise bent of the raceway.
Potential for a Lawsuit
In this case, the patron’s signature on the waiver may preclude a successful case by either the patron or for the professional driver, especially given the obviously risky nature of the activity. However, a lawyer could help investigate whether the incident occurred due to another party’s negligence. For example, some reporters show that online reviews claimed the professionals had override control of the vehicle, which seems inconsistent with the account that the professional attempted to use the patron’s steering wheel. If there is an error or defect in the design or manufacture of some piece, and if it contributed to the accident, it is possible to maintain a suit against a third party.