A physician claimed he was injured on Six Flag’s Kingda Ka, which is currently fastest roller coaster in the world. The plaintiff is subject to a waiver but he’s alleging that Six Flags is negligent because they were not warning tall people about the dangers of riding Kingda Ka. So, is Six Flags liable?

According to the 6’ 2’ plaintiff, his head extended above the rear of his seat, which caused severe whiplash. The result is that the plaintiff was diagnosed with acute rupture of two intervertebral discs, an injury that requires surgery to treat.

The plaintiff alleged that the park employees working at Kingda Ka were negligent and did not warn him of the dangers posed by his height. He also alleged that the employees tightened the safety harness incorrectly, causing severe pain in his shoulders.

The plaintiff also took issue with the maximum height requirement, set at 77 inches, three inches above the plaintiff’s height. He believes that the height requirement is incorrect, which caused him to ride Kingda Ka when it wasn’t safe to do so.

The question remains, is Six Flags at fault for the plaintiff’s injuries? Unfortunately, it’s not possible to reach a conclusion because we lack information. The height requirements on roller coasters are recommended by the corporations that manufacture the roller coasters, not by theme parks. This means that unless Six Flags ignored the limits imposed by the manufacturers, they are not responsible for setting the height limit of Kingda Ka.

However, this does not mean that Six Flags is off the hook. The park could still be liable as the injury occurred on park property and could have been a result of the mistakes of a park employee.

If you’ve suffered an injury at an amusement or theme park, contact the experienced injury attorneys at Kirsch, Stone & Morgan today for a free consultation.