UPDATE

http://www.sacbee.com/2014/03/06/6215435/roller-coaster-maker-six-flags.html

Wow...Six Flags keeps digging a hole...bet they won't ever design a ride for them again

And some wonder why the major competitive regional North American seasonal park chain concentrates its coaster buying with a firm known for its sterling safety record, high reliability, easy and high capacity operations but at a somewhat more expensive price.

As for hole, circumstances and the law tend to force litigants into stances that aren't necessarily best public relations wise (like not doing partial settlements, not accepting any blame, delaying things, pointing fingers...)

Were this Cedar Fair, self-insurance may or may not lessen these problematic (from both equity and public relations standpoints) legal strategies.

At the end of the day, a person has died. A ride manufacturer, ride, park and/or the park employees may have caused that or contributed to it--singly or in combination.

Preventing future occurrences and doing what little can be done to make up for what has happened should be the two most important priorities. Often, it seems, our system loses sight of that.

If the ride as sold and now modified isn't safe, it needs to be fixed. The fact that in Texas the primary entity responsible for investigation, absent a suspected criminal matter, is the park operator isn't comforting.

And to those who lash out at the heirs for suing, I'm sure the family would rather have their loved one back.

A ride was ridden on a particular occasion. Had it not been...Had it not been, a woman would almost certainly still be alive today. Sad, but true.

Neither side looks good at this point. Basically pointing fingers back and forth. Gerstlauer's comments that Six requested no seat belts and if they have that in writing seems very damaging to Six's argument. Amazed that a manufacturer would change a key safety design specifically because a park requests it. After all who is the manufacturer and who is the operator? Almost makes me think that having the contract for the Hybrid Coaster Trains and appeasing Six was more important than the manufacturers integrity.

I could be wrong, but I don't see a company like B&M making concessions to their designs regarding specific items related to safety and reliability.

Can a person whose ridden the Texas Giant help me? There's testimony that the victim was upside down in her seat, hanging on at one point in the ride. How would this happen?

http://www.sacbee.com/2014/07/12/6552185/family-of-woman-who-fell-off-roller.html

The information in that article seems like it may be tough for Six Flags if this were to make it in front of a jury. Seatbelts provided but not installed, test seat provided but not used, warning light indicators missed and/or ignored...all of these would be pretty darning in the eyes of a jury. Particularly one not versed in the in and outs of roller coasters or amusement/theme park. I tend to believe from what I have read that this was the result of operator error and not any fault of the trains or ride itself.

Edit: Double post.

Actually, I was just wondering how she managed to be upside down in her chair. From pictures, i see there's a steep bank, but I was wondering from people who actually rode it how she managed to end up that position.

On the New England Superman ride accident, the gentleman couldn't hold himself in, and the person behind him was holding onto his suspenders, which could have resulted in the flat spin that put his hand under the wheels of the train, but this woman was reported to be upside down?

Gerstlauer alleges that Six Flags employees did not properly secure Esparza, and then did not stop the ride when operators thought the restraint bar was not in its proper position. In addition to providing the test seat with a red light indicator, the company also provided seat belts that were not installed until after the accident.

Read more here: http://www.sacbee.com/2014/07/12/6552185/family-of-woman-who-fell-off-roller.html#storylink=cpy

The information regarding the seat belts being provided and not used is new to me. The fact Six Flags had both the test seat and seat belts from the manufacturer, but did not use either until the accident is going to be a tough battle to win.

So if Six Flags claims that the ride is dangerous and defective, why did the continue to have it in their park line up? Also, why would it be running now, following "minor" additions...

EDITED: to put quotes around Minor

^

Minor Additions... That the train manufacturer originally supplied Six Flags, but Six Flags decided not to use.

The additions are hardly minor.

Yes minor additions that more than likely would have prevented someone from loosing their life.

sorry I forgot to put quotes around minor... went back and edited it.

"minor" as in Six Flags didnt feel they were major additions till after the incident... From what I understand

Safety modifications made after an incident are generally not admissible evidence. This to encourage such as public policy.

Terp, who is not engaged in the private practice of law in Texas, the District of Columbia or any United State. There is no legal advice meant for a particular client contained here. Consult a competent attorney in your jurisdiction if you have, or think you may have, a legal problem. This is a disclaimer.

So I take it no one has ridden it to tell me about the tricks of the layout?

The ride has turns banked at degrees slightly beyond ninety. Is that what you are asking?

Could it theoretically, from your experience of riding it, turn someone upside down in their seat?

I imagine she fell out, and was hanging onto the bar, the witness might have misconstrued, that's why I'm asking.

The ride has very strong forces.

I am not willing to suggest such a thing to be impossible, but the exact phrase 'upside down in their seat' seems to me like a non-scientic way of describing the things they watched.

Theoretically, if the train is turned sideways, and the body is flying out away from the seat while holding on...

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FWIW, I don't consider newspapers to be a legitimate source for pretty much anything.

Thanks.

I thought that's what happened, she was flung and was hanging on.

I just didn't know what physics was involved.