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Orlando, FL
540 North Semoran Boulevard
Orlando, Florida 32807
Telephone (407) 381 4123
Directions to this office.

Kissimmee, FL
903 North Main Street
Kissimmee, Florida 34744
Telephone (407) 846 2240
Directions to this office.

Apopka, FL
2469 East Semoran Boulevard
Apopka, Florida 32703
Telephone 1 (888) DERECHO
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Safety of Florida's thrill rides in hands of amusement parks
BY DONNA BALANCIA  - FLORIDA TODAY
http://www.floridatoday.com/apps/pbcs.dll/article?AID=/99999999/NEWS01/511300374/0/NEWS06

At Busch Gardens Tampa Bay, the screams went quiet on SheiKra on Oct. 14, when Florida's tallest roller coaster shut itself down, stranding as many as 24 passengers at the brink of a 200-foot drop for nearly an hour. A rescue trolley evacuated them, and the ride later was deemed safe.

At Disney-MGM Studios, a 16-year-old British girl collapsed from a heart attack in July after repeatedly riding the Tower of Terror, which drops riders in pitch darkness in a simulated elevator failure. In 2002, a 47-year-old woman suffered "anxiety and claustrophobia, atrial fibulation" on the 13-story ride with the state's strongest downward acceleration, a state list of park incidents shows.

At Universal Studios, three passengers within four months in 2002 reported back pain, neck pain and a fractured back after seeking thrills on the Ripsaw Falls water-flume ride. They ranged in age from 36 to 62. Incidents like those, compounded by two highly publicized deaths at Disney-owned parks this past summer, have raised questions about whether the state should begin inspecting and testing theme park rides the way California does.

Florida regulates ride safety for carnivals and fairs. But big theme parks like Walt Disney World, SeaWorld Orlando and Universal Studios are exempt from state inspections and oversight.

Instead, they abide by a written agreement known as a "memorandum of understanding" with the Florida Department of Agriculture and Consumer Services. It calls for the parks to inspect themselves, report mishaps to the state and make an annual presentation on safety issues.

And all of the major theme parks employ engineers and maintenance crews that inspect and repair rides, records show.

It's a good system, operators say.

"We have a team of dedicated professionals, and each team is assigned to a coaster, spending a minimum of four hours a day -- well before guests arrive -- inspecting those rides," said Gerard Hoeppner, a spokesman for Busch Gardens Tampa Bay. "They walk every inch of the rides. We have redundant safety systems, video inspection and computer inspections. I can't stress enough that safety is a No. 1 priority."

A FLORIDA TODAY/WKMG-Local 6 examination found that the motion and G-forces on some of the region's signature roller coasters are stronger than on the space shuttle, but not sustained enough to violate industry standards.

But a review of incident reports and annual state safety meeting minutes from the past four years revealed 63 incidents involving illness, injuries or death over the past four years on various rides.

Documents obtained under the state's public records law show:

  • Two cases that made news in 2005. In June, Daudi Bamuwamye, a 4-year-old boy from Philadelphia, died on the Mission: Space ride at Epcot Center. A heart condition caused his death, according to the Orange County medical examiner. In August, Jerra Kirby, a 12-year-old from Newport News, Va., collapsed at Typhoon Lagoon and died. Her death also was attributed to a heart condition.
  • Nine other reports of fainting, chest pains or severe nausea on Mission: Space since 2003.
  • Seventeen reports of injuries or illness at water parks. They include broken limbs from collisions and falls, as well as likely coincidences, such as strokes or seizures suffered while at the park.
  • No incidents were reported by SeaWorld between 2002 and 2005.

At their annual meetings, state officials and the park operators have concluded their discussions of mishaps by blaming most accidents on "patron error," meeting minutes show.

State clamps down

Activist-mom Kathy Fackler often wishes she and her son had not ridden on the Big Thunder Mountain Railroad roller coaster one day in 1998. Her son's foot was crushed between the car and a platform as he was getting off the ride at Disneyland in Anaheim, Calif. Part of his foot had to be amputated.

Fackler, a former computer programmer and a homemaker in La Jolla, Calif., said Disneyland's analysis found they had no responsibility for the accident because her son stuck his foot out -- patron error.

Since then, Fackler has made it her business to ensure that other parents can judge the risks by reviewing accidents and reports on state-inspected rides in California.

"The standard lap bar used on many of these rides is a concern of mine," she said. "When you bring a young child on a ride, you pull down the bar. Of course, it fits fine across your lap. But it does not fit across a child's lap."

Fackler lobbied for state legislation passed in California in 1999 that called for the Division of Industrial Relations to inspect and regulate rides at big parks such as Disneyland and Six Flags. She says Florida needs reforms, too.

"There is no system of getting specific information out on the hazards," she said. "I'm sure that parents want to know about accidents that happened on rides their children are going on."

Now, state inspectors examine maintenance reports; review safety procedures and training; observe the ride in action; and review accident and death reports.

Harold Hudson, an amusement ride engineer and industry consultant based in Southlake, Texas, sees advantages and some pitfalls to state inspections.

"They have total control over the process. They can spend a week looking at one ride if they want. It's expensive," Hudson said. "Some people question the value added. I think it gives the public more confidence. It doesn't necessarily mean the rides are more safe."

Against regulation

Not everyone believes state regulation would help in Florida.

"If you impose a government standard, you can really lower the standards," said state Sen. Bill Posey, R-Rockledge. "Right now, they're required to do whatever it takes to treat invitees with the highest level of safety. If you establish standards, as long as they can assure they're at that level, that's their only obligation for safety. And if there's an opportunity that would dictate they could do more, they wouldn't be obligated to do it. And they'd have a good defense that they met the state standards, and whatever happens, happens."

Posey said there are no good reasons to enact mandatory inspections and public reports.

"If you look at the millions of people who pass through the theme parks and how so few are hurt, it's remarkable," he said. "So why create a thousand new bureaucrats to oversee the theme parks? If it got out that the theme parks did not treat their customers to the safest extent humanly possible, their business would be wrecked."

Likewise, Cocoa-based lobbyist Guy Spearman said people should feel comfortable with corporate safety measures.

"Is there something wrong with self-regulation?" asked Spearman, who represents Anheuser-Busch, owner of SeaWorld and Busch Gardens. "Theme parks are in a fixed location. They don't change rides and locations from week to week. There is a memorandum of understanding, and that's a legal document."


At Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A., we represent injured victims, not insurance companies. Our personal injury department is comprised of trial attorneys, case managers, paralegals and legal assistants, all working together to provide the best possible outcome to our clients. We have a well-earned reputation for providing aggressive and high quality representation to our clients, and we know injury law. Since 1988, we have been committed to protecting the safety of Florida families statewide.

Lawyers, judges and clients recognize Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. as one of the top civil trial firms in Central Florida. If you or a loved one has been a victim of personal injury, please contact us today via our online contact form, or call our Orlando office at (407) 381-4123, or our Kissimmee office at (407) 846-2240. Whether your case is settled or tried, you can be assured that Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. has obtained the maximum possible amount of damages in your case.

Orlando Injury Lawyer

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