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Roller coasters are designed to create excitement through speed, sudden turns, drops and changes in direction. For most riders, the experience ends when the coaster returns to the station. But in some cases, a ride can be followed by something much more serious—including a concussion, neck or back injury, or traumatic brain injury.
A CNN investigation recently brought renewed attention to these concerns after examining a number of reported injuries involving the X2 roller coaster at Six Flags Magic Mountain in Valencia, California. According to the investigation, multiple riders have reportedly suffered serious injuries requiring hospitalization after riding the attraction. The story raises an important question for anyone injured on an amusement-park ride: What happens when a recreational activity results in a serious injury? CNN Investigation Examined Serious Injuries Associated With X2 According to CNN's investigation, more than a dozen people who rode X2 over a period of nearly two decades reportedly suffered serious injuries and hospitalizations. The investigation also discussed an earlier death involving a 22-year-old rider. CNN reported that a coroner's report attributed the death to blunt head trauma associated with a park ride. The investigation focused on several recent incidents involving riders who reportedly suffered serious brain injuries after riding X2. Some required emergency brain surgery because of bleeding and pressure on the brain. CNN reported that doctors who treated injured riders believed their injuries were associated with the rapid acceleration and deceleration forces experienced on the ride. The investigation also described X2 as substantially different from many traditional roller coasters. Its seats rotate independently as the cars travel along the track, while the ride reaches speeds reported to be approximately 76 miles per hour and includes a roughly 200-foot drop. At the time of CNN's report, X2 had reportedly been closed following the more recent injuries. Six Flags has stated in court filings, according to CNN, that the ride undergoes daily inspections and that a normal rider using the attraction as instructed should not suffer a traumatic brain injury. These competing considerations illustrate why determining responsibility for an amusement-park injury can require a detailed investigation into the ride, its operation, maintenance, warnings and the circumstances surrounding the particular accident. Can a Roller Coaster Cause a Brain Injury? A traumatic brain injury can occur when the head or brain is subjected to significant force or movement. A person does not necessarily have to strike their head against an object to suffer a brain injury. Rapid acceleration, deceleration, rotation and other forces can cause the brain to move inside the skull. Depending upon the circumstances, this can result in injuries ranging from a concussion to more serious bleeding or structural damage. Symptoms may include:
Some serious brain injuries may initially produce relatively subtle symptoms. That is one reason medical evaluation can be important when someone experiences unusual symptoms following a roller-coaster ride or other high-force amusement-park attraction. Who Is Responsible for an Amusement-Park Injury? An injury occurring at an amusement park does not automatically mean that the park is legally responsible. Determining whether someone has a personal injury claim requires examining the specific circumstances surrounding the accident and injury. Depending on the facts, potential issues may include: Was the Ride Properly Designed and Maintained? Amusement-park operators have responsibilities relating to the operation and maintenance of their attractions. Questions may arise concerning inspections, maintenance, repairs, modifications and whether the ride was being operated appropriately. Was There a Dangerous Condition? A claim may involve an allegedly dangerous condition involving the ride, loading area, restraints, flooring, surrounding property or another part of the amusement park. Were Riders Adequately Warned? Warning signs and ride instructions can be important. An investigation may examine what the park told riders about potential risks and whether the warnings were adequate under the circumstances. Was the Ride Operated Properly? Even a properly designed ride can potentially cause an injury if it is operated improperly or if established safety procedures are not followed. Was the Rider Medically Suited to Ride? Amusement parks commonly provide warnings concerning certain medical conditions and physical limitations. The particular circumstances—including the rider's age, health, conduct and compliance with ride instructions—may become relevant to a personal injury claim. What If the Rider Signed a Waiver? Many amusement parks require visitors to acknowledge certain risks before participating in rides or attractions. Signing a waiver does not necessarily mean that an injured person has no legal rights. The effect of a waiver can depend upon the language of the document, the circumstances under which it was presented and the nature of the conduct or condition that allegedly caused the injury. Because waivers can raise complicated legal issues, an injured rider should have the actual document reviewed by an attorney rather than assuming that signing one automatically prevents a claim. What Should You Do After Being Injured on a Roller Coaster? If you experience significant symptoms after an amusement-park ride, your first priority should be obtaining appropriate medical attention. It can also be helpful to preserve evidence concerning what happened. Depending upon the circumstances, this may include:
For serious injuries, evidence can become particularly important because amusement-park cases may involve technical questions concerning ride design, operation, maintenance, inspection procedures and medical causation. Brain Injuries Can Have Long-Term Consequences One of the most difficult aspects of a traumatic brain injury is that the consequences may extend far beyond the initial emergency treatment. A person who survives a serious brain injury may experience continuing headaches, fatigue, cognitive difficulties, memory problems, emotional changes or limitations on their ability to work and participate in activities they previously enjoyed. The long-term consequences of a brain injury can also affect family members. A person may require continuing medical care, rehabilitation, assistance with everyday activities or changes to their employment. For that reason, evaluating a brain-injury claim involves much more than simply adding up the initial hospital bills. What Does an Amusement-Park Injury Claim Involve? Every case is different. An attorney investigating a serious amusement-park injury may want to determine:
In some cases, experts may be necessary to evaluate the mechanics of the ride, engineering issues, medical causation or the long-term effects of a traumatic brain injury. What the X2 Story Teaches Us About Amusement-Park Safety The CNN investigation does not, by itself, establish that Six Flags was legally responsible for any particular injury. Determining liability requires an examination of the individual facts and applicable law. What the investigation does demonstrate is why serious injuries associated with amusement-park rides deserve careful investigation. A person can walk into an amusement park expecting an entertaining day and leave with a potentially life-changing injury. When that happens, it is important to understand what caused the injury, whether appropriate safety measures were followed and whether another party may be legally responsible. If you or a family member has suffered a serious injury at Six Flags Magic Mountain or another amusement park, particularly a suspected traumatic brain injury, obtaining medical attention should come first. Afterward, consider speaking with a personal injury attorney who can evaluate the circumstances and explain your legal options. This article is intended for general informational purposes and is not legal advice. The facts and legal issues in any particular amusement-park injury case can vary significantly. No inferences should be made by the investigation. Comments are closed.
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Attorney Robert MansourRobert Mansour (CA State Bar #169118) is an attorney in Santa Clarita, California who has been practicing law since 1993. After working 13 years for a major insurance company, he now counsels victims of personal injury. Click here to learn more about Robert Mansour. Categories
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