Was somebody vaping on a SeaWorld roller coaster when a child got hurt?

A 9-year-old girl barreled down the first big hill on the Mako roller coaster when she was hit in the face by what her parents suspect was a vape battery that another rider accidentally lost, the family’s attorney said.

The family is piecing together what happened as their attorney seeks to obtain video of the incident and recover the small metal object in question during litigation.

Attorney Jason Herman hopes the video can determine whether someone was vaping on the SeaWorld Orlando coaster.

Since her injury, the child refuses to go to theme parks and flinches when a leaf falls near her, Herman said, adding that he suspects the girl will require surgery to reduce her scar appearance.

The child’s father, David Stafford of Hillsborough County, sued SeaWorld Orlando in a new 9th Judicial Circuit lawsuit this month.

Herman spoke to Florida Politics Friday about the March 15 incident.

The girl sat in the middle seat in the back row on the thrill ride when an object hit her in the forehead at high speed, Herman said. Bleeding profusely, she was stuck on the rest of the ride that goes up to 73 mph and is famous for its airtime.

Herman said Mako only lasts about 60 seconds or so, but called it “the longest minute” of the child’s life after she was struck early in the ride.

The metal object fell to the ground in the coaster, and the parents later retrieved it and later gave it to SeaWorld employees at the end of the ride, he said.

“This is a block of metal and, or plastic and if somebody is either using it or carrying it, that stuff for obvious reason shouldn’t be anywhere near a ride that’s going as fast and as up and down as Mako,” Herman said.

Until Herman inspects the item, he is unable to verify what it was or confirm if the vape is used for tobacco or marijuana.

But if it is a vape battery, Herman added that the product manufacturer would not be liable and won’t be sued since companies are not responsible for consumers using the products on thrill rides.

“Under Florida law, that would be considered an unforeseeable event,” Herman said.

Herman was critical of SeaWorld’s handling of the incident. Stafford tried to resolve the issue himself without getting a lawyer, Herman said.

The park offered to pay an amount equivalent to the family’s insurance deductible despite the child requiring an estimated six stitches on her forehead for a “pretty nasty gash” that will require scar revision surgery, Herman said, adding that the park’s response did not satisfy the family.

He also accused SeaWorld employees of not properly checking to make sure riders left their personal items in the lockers or in the bins next to the loading area.

“It has to be more than just somebody coming around and making sure that your seat belt is buckled properly,” Herman said of employees’ responsibilities.

SeaWorld has not commented on the lawsuit.

Post Views: 0