As Investigation of California Roller Coaster Continues, Dallas Trial Lawyer Frank Branson Offers Guidance to Families Injured on Amusement Rides

Attorney who represented families against amusement park operators and manufacturers of amusement park rides provides some suggestions that might help families who believe they have been injured on an amusement park ride.

DALLAS – New lawsuits alleging serious brain injuries suffered by riders on the X2 roller coaster at Six Flags Magic Mountain in California and the recent tragedy on the Goliath roller coaster at Six Flags Over Georgia have renewed questions about how amusement-ride injury cases unfold. Dallas trial lawyer Frank L. Branson has represented Texas families in some of the state’s most closely watched amusement-ride cases, and he is offering practical suggestions to families who find themselves facing similar circumstances.

Mr. Branson represented the victims of a catastrophic structural failure of the Enterprise ride at the State Fair of Texas in which a car detached mid-ride. That case helped produce more stringent inspections of amusement park rides at the State Fair.

After the State Fair case and throughout his career, Mr. Branson has represented multiple other persons injured and killed by amusement park rides including cases against local amusement parks arising from a fixed-based park ride.

“Families go to an amusement park assuming someone has made sure the rides are safe,” Mr. Branson said. “When something goes wrong, they are suddenly dealing with a park, a manufacturer, insurers and regulators, and none of them has the family’s interests as its first priority.  It might be useful for people to understand what to expect if they experience an injury.”

What Families Should Expect

The official investigation and the lawsuit often run on separate tracks. “A federal or state safety inspection attempts to answer one question: ‘Is the ride safe to operate?’ A civil case answers a different one: ‘Who is responsible for what and to whom?

The evidence belongs to the other side. “Ride data, maintenance logs, inspection records, prior incident reports and the ride vehicles themselves are in the hands of the park and the manufacturer. The earliest and most important step is making sure that evidence is preserved.”

Expect the defendants to point at each other. “It is common for the amusement park and the ride maker to each file claims blaming the other.  A family should not assume that the first explanation offered is the complete one.”

Causation will be one of the central fights. “In injury cases, especially brain injuries, the defense will argue that the ride’s forces could not have caused the harm or that something else did. Medical records and a clear timeline of when symptoms began often decide these cases.”

The fine print is not the final word. “Tickets and season passes often carry release and arbitration language. Whether those terms apply, and whether they are enforceable, depends on the facts and on state law. Families should not automatically assume they have signed away their rights.”

Practical Steps After a Ride Injury

Mr. Branson suggests families seek medical attention promptly for any severe headache, confusion, vomiting or loss of consciousness after a ride, since serious injuries may not be apparent right away. He also recommends that families report the incident to park staff and request a copy of the incident report; photograph the ride, seat and any visible injuries; collect names and contact information for witnesses; keep tickets, passes and receipts; and avoid recorded statements to insurers or public social-media posts until they have received legal advice.

“When these cases are handled carefully, they can lead to changes to the ride itself.” Mr. Branson said. That doesn’t undo what happened to the injured family, but it matters to the next one.”

About The Law Offices of Frank L. Branson

For more than 40 years, The Law Offices of Frank L. Branson has represented seriously injured people and families of those killed in cases involving defective products, trucking and transportation, workplace catastrophes and other catastrophic injuries. The firm has a long history of substantial verdicts and settlements.   Visit flbranson.com to learn more.