Six Flags could dodge liability for the tragic mishap that caused a teacher to plunge to his death from a Georgia rollercoaster — if the theme park can prove it followed certain state laws.
Hassan Kariem, 42, was thrown from his seat on the 200-foot-tall “Goliath” hypercoaster at the Six Flags Over Georgia Monday after somehow slipping from his safety restraint — and smashing into other carts before fatally falling in front of horrified fellow riders.
“The key question is not just what went wrong, but also if someone knew — or should have known — what could have gone wrong,” said lawyer Daniel Adamson of Dixon-Adamson, a Georgia-based firm that specializes in theme park litigation.
Six Flags temporarily shuttered Goliath and nine other coasters across six of its theme parks as investigators probe the fatal fall, which will involve combing every detail of the ride’s design, maintenance and on-the-ground operation, Adamson told The Post.
“That’s the biggest thing … was this a preventable tragedy?” he explained.
“And did they have any knowledge of [problems]? Were there prior safety complaints? You want to look at the inspection logs, the maintenance records.”
If investigators determine Six Flags stringently followed local codes and regulations, Adamson said there’s a world in which the park wouldn’t be liable for Kariem’s death.
That’s because theme parks in Georgia have lower customer safety standards than mass transit operators.
Thanks to a 1982 state supreme court case amusement parks were deemed to have an “ordinary care” responsibility to guests, whereas operators of buses or trains must show “extraordinary diligence” toward its passengers.
More coverage on the Six Flags death in Georgia
The resulting difference can make it harder to sue a roller coaster operator for injuries or even death.
However, “ordinary care” typically allows for things like getting sick on a ride or having one’s head knocked around — not being ejected from one’s seat at 70 mph.
“When somebody boards a roller coaster, they accept the thrill of the ride, not the risk of being thrown from it,” Adamson said, noting that Six Flags will need to show that Kareim assumed the risk of such a freak accident when he visited the park.
“It’s really context specific,” he explained.
“And you have to look at the facts of each case. … What reasonable duty of ordinary care has to be considered in the context of the activity?”
