SeaWorld lawyers dispute parkgoers’ claim of being hit by a duck on a roller coaster
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SeaWorld is contesting a lawsuit filed by a Florida resident who claims she was struck by a bird while riding a roller coaster, arguing that the bird in question was not a duck but a Snowy Egret.
Hillary Martin, from Orange County, Florida, filed a legal complaint in October stating that she suffered lasting injuries when a bird collided with her face on the "Mako" roller coaster in March. According to SeaWorlds attorneys, however, the bird involved was a Snowy Egret, a small white heron, and not a duck as Martin asserts.
This matter does not involve a duck, the parks legal team stated in court documents, as reported by WFTV. Martins lawsuit claims SeaWorld created a zone of risk by positioning a roller coaster near water frequented by ducks, geese, gulls, and other waterfowl. SeaWorld disputes any legal liability.
The presence of the bird in the air, away from the water, breaks any potential link between the park and the alleged injury, one SeaWorld attorney wrote. The incident could have occurred regardless of the water feature, and SeaWorld should not be held responsible.
The park also noted that Martin declined immediate medical care to continue her visit, seeking treatment only the following day. SeaWorld maintains that it cannot be legally liable for actions of wild animals, citing the unpredictability of such encounters.
Snowy Egrets are commonly found in coastal regions, wetlands, lakes, rivers, and ponds throughout Florida, California, New England, the Great Lakes, and other parts of North America, according to the Audubon Society.
Martins original complaint described losing consciousness after being struck by a bird on March 24. Her attorneys emphasized that the speed of the roller coaster makes any bird collision particularly severe, and argued that the rides design could confuse waterfowl, increasing the risk of impact.
The lawsuit did not detail specific injuries but claimed they resulted in permanent physical and mental effects. Martin requested a jury trial and sought at least $50,000 in damages, alleging SeaWorld failed to maintain safety and warn visitors of potential risks associated with the attractions location.
SeaWorld responded with a statement: The safety of our guests and employees is a top priority and we take these situations seriously. We will not be commenting further as this matter is pending litigation.
Author: Natalie Monroe
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