Family, Six Flags, Ride Manufacturer All Reach Settlement in Roller Coaster Wrongful Death Lawsuit

Six Flags Entertainment, as well as roller coaster manufacturer Gerstlauer Amusement Rides reached a settlement with the family that filed a roller coaster wrongful death lawsuit against both companies last year when a loved one fell to her death because of a faulty roller coaster seat.

Rosa Esparza, 52, a resident of Dallas, Texas, went to Six Flags Over Arlington in July 2013 with her family and rode a roller coaster called the Texas Giant, manufactured by German roller coaster builder Gerstlauer. However, Esparza’s seat restraints malfunctioned, and she plummeted 75 feet to her death.

Her family filed a lawsuit against both Six Flags and Gerstlauer in October 2013, for wrongful death and negligence. The lawsuit was filed in Tarrant County Court. The terms of the roller coaster wrongful death settlement have not been released, but the three parties all reached an agreement after six months of negotiations.

“Our deepest condolences, thoughts and prayers will forever be with the Esparza family,” Six Flags Over Texas president Steve Martindale said in a statement Tuesday evening. “We are thankful that all parties could reach an agreed settlement.”

“From the very beginning, it was a very tragic and unfortunate event,” the attorney for Gerstlauer added. “We’re all glad it’s over.”

According to the Esparzas’ roller coaster wrongful death lawsuit, Six Flags was “well aware of the dangers” of its roller coasters. Gerstlauer added that the manufacturer was aware of the problems with the seats and had sent Six Flags replacement parts to ensure the safety restraint system would not fail. However, Six Flags had not yet replaced the seats at that park when Rosa Esparza fell to her death.

“The roller-coaster train at issue has a set of green lights that are supposed to light when each safety bar restraint is in the allegedly ‘proper’ position,” the Esparzas’ third amended petition, filed Nov. 13, stated.

“The defendants maintain that a roller-coaster train cannot be dispatched unless all safety bar restraints are in their ‘proper’ positions, such that each restraint’s green light is activated. This system of lights was confusing and dangerous because it had a tendency to create a false sense of security and complacency on the part of the operators of the ride.”

Wrongful Death Lawsuits in South Carolina

The unexpected loss of a loved one is a very painful experience.  While mourning their loss, surviving family members are often with mounting medical bills, the loss of an income, and sudden expenses such as hospital bills and funeral costs.

If a loved one dies as a result of the negligence, reckless, or intentional conduct of another, you may be entitled to bring a claim for wrongful death. A wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

Depending upon the circumstances, our South Carolina wrongful death attorneys may also assert a claim for punitive damages intended to punish the wrongdoer and deter others from engaging in such behavior.

The Strom Law Firm Can Help with Wrongful Death Lawsuits

The wrongful death lawyers at the Strom Law Firm, LLC, will help you during this extremely difficult and emotional time. You do not have to face the emotional and financial pain of a loved one’s wrongful death alone. If you or a loved one has been injured or killed through no fault of your own, contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800