The grieving family members of Rosy Esparza have filed a lawsuit against Six Flags following her death in a 7-story fall from the roller coaster. Our roller coaster accident attorneys point out that the family members were present at the ride and suffered the deeply traumatic experiences of hearing Ms. Esparza scream and then watching her as she struggled to hold onto the roller coaster, then fell. And now Six Flags is trying to shift the blame in the Texas Giant roller coaster death case.
Six Flags Trying to Make a Case for Shrugging off Blame
The Houston Chronicle (Craig Hlavaty, 10/15/13) posted an article describing how Six Flags in Arlington is approaching the wrongful death negligence lawsuit filed by the family of Rosy Esparza, who fell to her death from the roller coaster this summer.
Numerous news accounts of the incident over the summer carried vivid accounts of the roller coaster fatal fall by witnesses who said that there were problems with the lap bar safety restraint, and it released Ms. Esparza on the very first steep incline. Witnesses reported that Ms. Esparza didn’t feel that her lap bar had been properly secured and she didn’t feel safe. But ride attendants apparently assured her everything was fine and sent her on her way in the roller coaster.
Perceived Danger vs. Actual Danger on a Thrill Ride
The thrills to be derived from a roller coaster derive from the perceived near death experiences (note that our roller coaster accident attorneys do not say actual death experiences) as a rider plunges weightlessly down steep inclines, hurtles at high speed around hairpin turns, cruises upside down through loops and twists, and flows around a track in a wild ride that alters one’s perception of up, down, and gravity.
The roller coaster accident attorneys at Denena Points, PC emphasize that your only real safety mechanism during these thrills and chills, which should never become spills, are the safety restraints of various types employed on the different roller coaster rides. Some rides employ full upper body shoulder harnesses. Some employ lap belts. Some employ the old school lap bars that I remember with some fear and trepidation from my youth. And some employ a combination of these safety features. The Texas Giant roller coaster at Six Flags in Arlington apparently employed only the lap bar.
Laying Blame in a Wrongful Death Lawsuit
We realize that in any personal injury or wrongful death lawsuit, the standard approach by the defendants in the suit is generally to try to shift as much of the blame as possible onto other parties.
That’s understandable. In Texas, for instance, we employ a modified comparative negligence statute. That statute allows for an allotment of proportional blame among the parties. But if any party is found to be at least 50% liable for causing the accident, they can collect nothing from the other parties to the lawsuit. This statute could be used (for instance) to shift blame by large, high-powered defendants or insurance companies represented by highly paid, seasoned lawyers onto hapless victims not represented by counsel who once thought they had a clear-cut case.
The Houston Chronicle article indicates that Six Flags is trying to put the blame for Ms. Rosy Esparza’s fatal fall onto a contractor, Gerstlauer Amusement Rides, which they hired to see to the safety and design of the Texas Giant restraint system. Unfortunately, the language of the article, possibly supplied verbatim by Six Flags, does not really clarify Gerstlauer’s responsibilities in that regard. And our roller coaster accident attorneys mention that Gerstlauer is actually the German manufacturer of the ride.
Witness Accounts of the Fatal Fall from the Texas Giant
The statements by Six Flags in the Chronicle article don’t address the witness accounts of the accident that reported Ms. Esparza had argued with the ride attendants regarding the safety of her restraint, indicating that it was not properly secured and that she didn’t feel safe. The roller coaster accident attorneys at Denena Points, PC reiterate that on the very first steep ascent of the ride, Ms. Esparza’s daughter heard her mother scream, turned around, and then witnessed her mother trying to hold on for dear life as she was ejected from the ride. Ms. Esparza was forcibly thrown out of the ride on the incline and hurled into a support piling only to fall 7 stories to her death onto the metal roof of a ride tunnel.
Six Flags claims its employees were properly trained. But if witness reports are correct, they might have forgotten or ignored their training that day in dealing with Ms. Esparza’s well-founded concerns regarding her safety restraint. Witnesses had described the ride attendant attitude towards Ms. Esparza’s safety fears as nonchalant.
What Really Happened?
The Houston Chronicle report indicates that Six Flags has already admitted to replacing a safety restraint limit switch in the roller coaster car from which Ms. Esparza was thrown. And inspections following the fatal fall showed that various parts of the Texas Giant roller coaster’s security system were “experiencing inconsistencies and intermittent failures” on the day Rosy Esparza fell to her death.
Our roller coaster accident attorneys understand that Six Flags is trying to dodge culpability for Ms. Esparza’s fatal fall on the basis that it didn’t design or build the ride. Once a ride has been purchased and installed, it seems specious for an amusement park to try to shift blame to ride designers or builders. Especially when in the same body of verbiage one points out how millions of people have already ridden the ride safely. Those millions of riders carry one fairly far away from the design and build phase and indicate that the essential ride design and manufacture was safe enough, but that later care by the ride owner or operator was perhaps lacking.
Given the horrific nature of Ms. Esparza’s fatal fall, witnessed by her own family, just after Ms. Esparza had tried to bring ride operation attention to a safety problem with her lap bar, we are somewhat appalled at Six Flags’ attempts to shift the blame and disclaim its responsibility.
Contact us when you need Experienced Legal Help after a Ride Accident
Contact our experienced roller coaster accident attorneys at Denena Points, PC for a free initial legal consultation if you’ve been injured on an amusement ride or have questions about who’s to blame for your injury or your family member’s wrongful death. Reach us anytime through our online contact form or call us at 713-807-9500 for a FREE initial legal consultation. We’ve won favorable setttlements before for victims and their family members in fatal roller coaster accident cases. Our experience and dedication could help you too. Watch our video to learn more.