Theme Park’s Change Of Amusement Ride With Injury History Likely Inadmissible

Orlando’s WESH.com is reporting that Universal Studios Florida has announced that it is altering its Dragon Challenge roller coaster ride following an internal investigation stemming from two recent incidents involving personal injuries.

Universal Studios has recently faced claims that riders of this particular amusement ride (which was formerly called Dueling Dragons) roller coaster had been injured when they were struck by loose objects. One man reportedly suffered the loss of his eyeball after being struck in the eye.

The Dragon Challenge features twin roller coasters on separate, intertwined tracks. At some points, the two coasters come within 18 inches of each other while traveling up to 60 mph.

Universal Studios has announced that the two coasters will no longer be operated simultaneously.

As an Orlando accident attorney who regularly handles theme park accidents, I talk to people all of the time who think that evidence of such a major change in procedure – presumably in response to prior injury claims – would be relevant to show that the something about the ride was dangerous in the first place. However, Florida law is actually the opposite. Such a change is actually specifically not admissible to prove liability. Such a change is called a subsequent remedial measure. Under Florida law, juries do not get to hear about subsequent remedial measures.

Does this seem fair?

If you have questions about a Florida theme park accident, call Winter Park accident attorney Kim Cullen at 407-565-7386.