Woman's Fatal Texas Roller Coaster Accident Could Be Grounds Products Liability and Wrongful Death Damages

A tragic amusement park accident that claimed the life of a 52-year-old mother could be grounds for a product defects case seeking damages for her wrongful death. Rozy Esparza was killed on Friday when she was thrown from the Texas Giant roller coaster at Six Flags over Texas. The ride is 14 stories high.

According to the medical examiner’s office, Esparza was thrown from her cart when she was ejected from her seat and got loose from restraint, falling about 75 feet before hitting a support metal beam and landing on a tunnel’s metal roof. She sustained severe torso trauma and died from her injuries.

If her family decides to sue, they could recover wrongful death damages from Six Flags and products liability compensation from the roller coaster’s manufacturer and possibly other liable parties.

Texas regulations allow Six Flags to investigate the matter itself. Meantime, the company that constructed the roller coaster cars for the Texas Giant, Gerstlauer Amusement Rides, also is sending experts to look at the roller coaster, which has been shut down for now. Unfortunately, the federal government doesn’t have oversight over amusement parks.

One witness says that before the roller coaster accident, Esparza, who was on the ride with her son, complained to a park worker that she did not feel like the restraint had secured her properly and he had been “nonchalant” in his response to her.

In the last five years, close to a dozen people reported sustaining injuries while riding the Texas Giant. Per state records, Six Flags Over Texas says that between 4/2008 and 4/2013 there were 14 injuries involving the ride. Muscle strain from getting jostled during the ride and a concussion appear to be the two most serious injuries to prior to Esparza’s death.

Roller Coaster Accidents
With the “thrills and chills” that come with riding a roller coaster there can also be danger, with injuries reported every year.

Common causes of roller coaster accidents:
• Operator error
• Roller coaster design defect
• Faulty restraints
• Mechanical malfunction
• Brake errors
• Loose tracks
• Inadequate warnings
• Failure to impose weight or height restrictions
• Rider error
• Control system failures

Common causes of roller coaster accident injuries:
• Ejection from car
• Falls to the ground or between tracks or between cars
• Restraint injuries
• Brake-related injuries, especially back and neck injuries

Serious roller coaster injuries may include:
• Blunt force trauma
• Heart attack
• Traumatic brain injuries
• Broken bones
• Contusions
• Severed limbs
• Death

At The Gilbert Law Group®, our amusement park accident lawyers represent children and adults (and/or their families) that sustained serious injuries because an amusement park ride was defective or malfunctioned. There may be more than one party that should be held liable for the harm that you or your loved one suffered.

You want to work with an experienced products liability law firm that knows how to prove liability and settle/win damages. In addition to design or manufacturer defects, other grounds for a defective product case can include marketing defects. Contact our Texas roller coaster accident law firm today.


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