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Report on Florida Roller Coaster That Derailed Demonstrates Negligence

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On July 10, the Florida Department of Agriculture and Consumer Services released its preliminary investigation report on last month’s derailment of the Daytona Beach roller coaster that sent six people to the hospital. While on the ride in June, two people were ejected from the front coaster car and fell 34 feet to the ground, while six were transported to the hospital. In all, ten riders had to be freed from the ride.

According to the report, the rollercoaster derailed due to excessive speed and operator negligence, and this same ride could have potentially injured others; even having been previously shut down twice in the past 18 months due to problems. In addition, the ride reportedly passed an inspection by the Florida Department of Agriculture and Consumer Services just hours before the accident occurred, indicating that the agency could also be held liable for negligence.

Florida Ride Inspection & Safety Requirements

Any time a ride like this is offered to the public, it must be inspected each year, and, following this inspection, have its permit renewed. This involves proper proof of insurance and an Affidavit of Compliance and Nondestructive Testing, which is completed by a professional engineer, who indicates that he or she has personally performed a visual nondestructive test of the ride in conformance with Florida law, certifying that it meets all of the state safety requirements. These safety standards for amusement rides dictate that the owner of the amusement ride must meet the requirements of the law at all times.

In this case, according to the official report, the ride owner and/or engineer who signed the Affidavit of Compliance and Nondestructive Testing either knew or should have known that the ride was operating in a manner that presented a serious risk of injury to patrons. This particular accident was caused by operator negligence and excessive speed, potentially indicating that there also could have been a violation involving the training of employees. The owner of an amusement ride must ensure that employees authorized to operate the ride have been properly trained.

Most Litigation against Florida Amusement Parks: Slip and Falls

According to hundreds of state and federal lawsuits filed against Florida’s three biggest theme-park companies, most cases involved people slipping or tripping and falling during their visit versus suffering from the derailment of a thrill ride. Many of these sites are like little cities, each of them operating activities that can carry serious risks, including rides where people go high up in the air. 

Florida Personal Injury Attorneys

If you or a loved one has been injured on a ride, contact our Fort Lauderdale, Florida personal injury attorneys at Friedland & Associates today to find out how we can assist you.

Resources:

orlandoweekly.com/Blogs/archives/2018/07/10/daytona-beach-roller-coaster-derailed-because-of-excessive-speed-says-investigation

orlandosentinel.com/business/orl-themepark-injury-lawsuits-033009-story.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0616/Sections/0616.242.html

abcactionnews.com/news/investigators-excessive-speed-caused-daytona-roller-coaster-derailment

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