Articles Posted in Premises Liability

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One year after a Dallas woman tragically fell to her death at a Six Flags amusement park in Arlington, the legal issues are far from over.

The accident occurred on the evening of July 19, 2013, when 52-year old Rosa Esparza fell 75 feet from where she had been sitting, behind her daughter and son-in-law, on one of the thrill rides. Prior to this, Esparza was allegedly upside down in her seat and holding on for “dear life” before plunging to her death from the Texas Giant ride. This was Esparza’s first visit to the Six Flags theme park.

Following the tragedy, the Arlington Police Department and Six Flags conducted an investigation into what went wrong. The ride shut down for the rest of July and August, before reopening in September after the investigation found no evidence of mechanical failure. Added to the ride were restraining bar pads that had been redesigned, seat belts, and a coaster seat at the entrance so potential riders could determine whether they would fit into the cars securely. Esparza’s family learned that the coaster seat had remained stored after the Texas Giant ride reopened in 2011 following a $10 million renovation.

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On September 8, 2012, opening weekend of football for the NFL, a spectator fell to his death at San Francisco 49ers stadium while attending the game. The spectator fell to his death from a pedestrian walkway outside of the stadium. Multiple witnesses told police that the victim appeared to be intoxicated at the time of his fall. That very same weekend, two fans were injured when a railing collapsed inside Lucas Oil Stadium, home of the Indianapolis Colts, during a Colts game against the Oakland Raiders. Luckily, neither of these fans were seriously injuries. Unfortunately, however, these incidents are just the latest in a series of deaths and injuries at sports stadiums across the United States over the past several years.

Recent Accidents

According to the Institute for the Study of Sports Incidents, based at the University of Southern Mississippi, since 2003 there have been more than two-dozen cases of fans falling at stadiums across the country. On August 13, 2013, an Atlanta Braves fan was killed at Turner Field in Atlanta after falling 85 feet from a fourth-level railing of the stadium onto a parking lot below. In addition, during a pre-season NFL football game this year, a Denver Broncos fan was injured when he fell 10 feet from an escalator. Finally, at Rangers Ballpark in Arlington, Texas in 2011, a spectator fell to this death from the left-field seats after trying to catch a ball tossed towards him.

Premises Liability

In addition to complying with local and states laws, all stadiums must also comply with the strict safety guidelines instituted by the International Building Code, which has been adopted by all 50 states and the District of Colombia. Among the guidelines are various railing requirements, including calls for railings in front of seats to be at least 26 inches high, and a requirement that protective railings placed in open-sided areas such as concourses be at least 42 inches in height.

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