Six Flags Roller Coaster Kills Teenager
A teenager was killed at Six Flags by a roller coaster when he entered a restricted area, and disregarded warning signs. According to the news article Teen Decapitated At Six Flags In Georgia, reported on 6abc.com, the teenager may have been trying to retrieve his hat, when he went into the restricted area and was struck by the roller coaster, traveling at 50 m.p.h.
The question arises as to whether or not Six Flags would have any liability in this situation. In Pennsylvania, the laws in regard to amusement parks, ball parks, and other recreational areas is that there is an "assumption of the risk" as long as the risk is "common, frequent and expected". However, in the Six Flags situation, the death was not caused by riding the roller coaster, but by the teenager entering a restricted area and being struck by the roller coaster. Under the tort laws, the teenager is considered a trespasser. Because of this, the duty owed by Six Flags would be less, and would only exist if they knew, or should have known, that children are likely to trespass, the condition will result in death or serious injury to the child, the child because of youth does not realize the risk involved, the burden of eliminating the danger is slight compared to the risk involved, and the land owner fails to exercise reasonable care to eliminate the danger.
The laws in regard to premises liability are complex and confusing. If you sustained an injury due to a landowners negligence, you should seek legal counsel as soon as possible. There are many steps that need to be taken immediately to properly present your case. If you would like a free consultation with our Philadelphia Law Firm, please contact us.
