Faulty ride leads to murder charge

On March 14, 2004, a 50-year-old woman plunged 60 feet to her death when her safety harness failed at an amusement park. The Hawk, as the ride is called, is a pendulum-motion ride that swings back and forth until finally completing a 360-degree loop. It is one of the attractions at the Rockin’ Raceway in Pigeon Forge, TN.

Charles Stanley Martin, the amusement park’s general manager, was charged with second-degree murder in connection with the accident. The prosecution showed that jumper cables had been attached to bypass an important safety relay, which checks to ensure that all harnesses are properly fastened and secure before the ride leaves the station. If the ride detects that any harness is not properly in place, it simply does not allow the ride to move.

Although the harnesses could all be fastened with the jumper cables in place, the safety device that detects an unfastened harness was no longer operating. It was likely just a matter of time before someone was injured or killed on the ride.

The jury ultimately passed on the initial second-degree murder charge and found Mr. Martin guilty on a lesser charge of reckless homicide, which carries a maximum of 4 years in jail and a $5,000 fine. A civil suit brought by the family could be worth up to $100 million against Mr. Martin, the amusement park owner, and the ride manufacturer.

It is incidents such as these that show a clear-cut case of negligence. Amusement park rides can be inherently dangerous with high speeds, high g-forces and the never-ending search for bigger thrills. That’s why the manufacturers spend so much time designing these machines to be as safe as possible, with built-in safety features and regular maintenance schedules to lessen the risk.

But when an amusement park deliberately bypasses these safety features, they put lives at risk. The woman who died that day at Pigeon Forge did not die in an “accident,” but an act of willful negligence, as Mr. Martin’s guilty verdict proves. Sadly, it is doubtful that this verdict will prevent future accidents from happening at other parks across the country. Negligence, willful or otherwise, continues to grow as parks cut financial corners in order to survive – even if it means death or injury to its customers.

If you have been injured on an amusement park ride, talk to a personal injury lawyer at Jim S. Adler & Associates. We have more than 30 years of experience protecting the rights of every day people against large companies and corporations like amusement parks. We will give you a free case review to tell you what your rights are – and then fight for them until you get the compensation you deserve. Contact us by clicking the link on this page.

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