An Orlando-based law firm representing three of the victims in last week's Daytona Beach roller coaster derailment are considering pursuing legal action in light of newly-reported information regarding the coaster's safety record.
Ten riders were aboard the roller coaster when the front car went off the track. Two of the four people inside that car fell 34 feet to the ground while the others were left dangling. In all, six riders were taken to the hospital.
Attorneys from Morgan and Morgan representing the three victims, including one who fell 34 feet to the ground and a woman from Kentucky who is still hospitalized with more than 10 broken bones, said during a Monday press conference that they will look at a number of factors:
- Track structure and integrity
- Checking the roller coaster for any fractures
- Failure in the wheels
- Patron weight
- Device restraints and how they failed
Whether a lawsuit will be filed will determine on how much insurance coverage the roller coaster has, as well as whether previous maintenance issues were ignored or not fixed, said the attorneys, who were retained on Sunday. Roller coaster operators in Florida need at least $1 million in insurance to operate.
A lawsuit will be "likely" filed "if any and all entities responsible do not tender all available insurance limits," said the attorneys, who anticipate a legal battle and have already hired experts..
The "primary targets" of a potential lawsuit include the ride operators, ride manufacturer and ride owners, but the attorneys added that it's possible they may consider legal action against the Florida Department of Agriculture as well.
As 10 News reported last week, safety issues were noted as recently as last month. But, the coaster passed an inspection the day of the incident.
Ride inspectors were back removing parts of the Sandblaster ride Sunday.
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