Six Flags claims the Texas Giant train involved in a fatal accident in July was a “defective product that was unreasonably dangerous in design, manufacture, distribution and promotion."
Rosa Esparza, a 52-year-old grandmother, died instantly when she fell from the roller coaster. Her family is suing Six Flags and Gerstlauer Amusement Rides, the German firm that made the roller coaster trains.
Arnd von Waldow, an attorney representing Gerstlauer, said he was surprised Six Flags blamed Esparza’s death on the company in a court filing Friday. He said Six Flags was not a passive customer.
“This roller coaster was built according to the specific design specifications and was reviewed, tested and approved by Six Flags,” von Waldow said. “Six Flags was intimately involved in the design and production of this roller coaster. ... Six Flags had this designed exactly the way Six Flags wanted it to be designed.”
The Arlington amusement park’s allegations against the ride company don't signal the end of the Texas Giant.
A Six Flags spokeswoman wrote in an email that the ride is safe after additions, including seat belts, were made after the accident.
“We reopened the ride last fall following the addition of incremental and overlapping safety measures that included redesigned restraint-bar pads from the manufacturer and new seat belts,” spokeswoman Sharon Parker wrote. “The Texas Giant is safe to ride, and we look forward to opening the park for our 2014 season next week."
The original Texas Giant, a record-setting wooden roller coaster, opened at Six Flags in 1990. It closed after two decades and was rebuilt as a steel hybrid roller coaster.
The park closed the renovated ride for about two months last summer for an internal investigation and redesign. In addition to seat belts, lap bar pads were added before the ride reopened in September.
Von Waldow blamed Esparza's death on the failure of Six Flags to follow safety procedures. He pointed to witness statements in the police investigation saying that it appeared Esparza’s lap bar was too high.
If the lap bar is touching the rider’s abdomen and legs, there isn't a danger of the person falling out, von Waldow said.
He said the ride maker has photos of Six Flags engineers in Germany hanging upside down from a roller coaster train exactly like the one involved in the Texas Giant fatality.
“If they followed these procedures, this accident never would have happened,” von Waldow said.
Esparza fell 75 feet from the roller coaster train in the opening moments of the ride.
In Friday’s court filing, Six Flags says it “followed all of the recommended operation and maintenance procedures on the ride as set forth by ... [Gerstlauer] and believe they met the standard of care with regard to the inspection, maintenance and operation of the ride.”
After the accident, test seats were installed at the entrance to the Texas Giant so riders can see whether they will fit safely in the trains. When the ride reopened, Six Flags said in a written statement that “guests with unique body shapes or sizes may not fit into the restraint system.”
An early deposition in this lawsuit questioned whether Esparza’s larger size should have raised questions about the fit of the lap bar.
