SeaWorld lawyers dispute parkgoers’ claim of being hit by a duck on a roller coaster

SeaWorld is contesting a lawsuit filed by a Florida resident who claims she was struck by a bird while riding a roller coaster, arguing that the bird in question was not a duck but a Snowy Egret.

Hillary Martin, from Orange County, Florida, filed a legal complaint in October stating that she suffered lasting injuries when a bird collided with her face on the "Mako" roller coaster in March. According to SeaWorlds attorneys, however, the bird involved was a Snowy Egret, a small white heron, and not a duck as Martin asserts.

This matter does not involve a duck, the parks legal team stated in court documents, as reported by WFTV. Martins lawsuit claims SeaWorld created a zone of risk by positioning a roller coaster near water frequented by ducks, geese, gulls, and other waterfowl. SeaWorld disputes any legal liability.

The presence of the bird in the air, away from the water, breaks any potential link between the park and the alleged injury, one SeaWorld attorney wrote. The incident could have occurred regardless of the water feature, and SeaWorld should not be held responsible.

The park also noted that Martin declined immediate medical care to continue her visit, seeking treatment only the following day. SeaWorld maintains that it cannot be legally liable for actions of wild animals, citing the unpredictability of such encounters.

Snowy Egrets are commonly found in coastal regions, wetlands, lakes, rivers, and ponds throughout Florida, California, New England, the Great Lakes, and other parts of North America, according to the Audubon Society.

Martins original complaint described losing consciousness after being struck by a bird on March 24. Her attorneys emphasized that the speed of the roller coaster makes any bird collision particularly severe, and argued that the rides design could confuse waterfowl, increasing the risk of impact.

The lawsuit did not detail specific injuries but claimed they resulted in permanent physical and mental effects. Martin requested a jury trial and sought at least $50,000 in damages, alleging SeaWorld failed to maintain safety and warn visitors of potential risks associated with the attractions location.

SeaWorld responded with a statement: The safety of our guests and employees is a top priority and we take these situations seriously. We will not be commenting further as this matter is pending litigation.

Legal Dispute Over Bird Collision on SeaWorld's Mako Roller Coaster

The recent lawsuit filed by Hillary Martin against SeaWorld has brought attention to the complexities of liability when it comes to unexpected wildlife encounters in theme parks. Martin, who claims to have been struck by a bird while riding the Mako roller coaster, argues that the collision caused lasting physical and mental injuries. However, SeaWorld disputes these allegations, emphasizing that the bird involved was a Snowy Egret and not a duck, as Martin initially asserted.

In their defense, SeaWorld contends that the presence of the bird in the air, away from the water, removes any direct connection between the park's location and the incident. They argue that the unpredictable nature of wildlife and the behavior of birds in the area means that accidents like this could occur regardless of the park's design or proximity to waterfowl habitats.

Furthermore, SeaWorld notes that Martin declined immediate medical attention after the incident and continued her visit to the park, seeking care only the next day. This factor could play a crucial role in determining the extent of any injuries and whether they are directly linked to the roller coaster ride itself. The legal debate will likely center around whether SeaWorld's responsibility for guest safety extends to covering accidents involving wild animals, particularly those not under the park's direct control.

This case underscores the challenges that theme parks face when it comes to balancing safety with the natural environment. While SeaWorld has expressed its commitment to guest safety, the outcome of this lawsuit may set important precedents for future cases involving wildlife-related incidents in similar settings.

Sources:

• What the duck? SeaWorld lawyers cry fowl over parkgoers’ claim she was hit by the errant bird on a roller coaster