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Resort Tort ALERT: SeaWorld Sees Death #5 This Year

Resort Torts logo FINAL.jpgWhile still slogging through the lawsuit following its killer whale trainer’s death in February, SeaWorld saw two more deaths this week.

A 68-year-old British tourist died Monday on SeaWorld’s Roa’s Rapids ride, described by SeaWorld as “an awesome adventure through a roaring sea of high tides, swirling whirlies, and gushing geysers – all at speeds that leave ordinary river rides eating this one’s wake.” The man was pulled from the water around 11:00 am and died later at the hospital, just before noon. The Orange County Sheriff’s Office said his death was related to natural causes, according to a report by CBS4.

In other news, the first killer whale born at SeaWorld, “Kalina,” has died at age 25 – the third SeaWorld orca to die this year. Another orca died in Orlando four months ago while giving birth, and SeaWorld San Diego watched one of their captive orcas die ‘mysteriously’ last month.

Theme Park Ride Warnings

The Roa Ride at SeaWorld’s Aquatica provides visitors with some safety guidelines: Anyone shorter than 51 inches must wear a lifejacket and lifejackets are available to anyone who wants one. A sign at the entrance to the ride warns riders that “only guests in good health should ride this attraction.”

ResortTorts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. These can involve aspects of hotel and motel safety,cruise ship litigation, pleasure boating and jet ski incidents, amusement and theme park liability, aquatic, diving and swimming incidents, foreign travel and medical emergencies, gaming and casinos, aviation (commercial and general), rental car liability, moped, bicycle and motorcycle safety, buses and tour guides, travel industry liability for crime victims, and medical care provided to vacationers. ResortTorts can encompass a vast array of types of cases but they all have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities.

Related Case Law for ResortTorts:

• A landowner has 2 basic duties: reasonable care to maintain premises in reasonably safe condition, and give warning of concealed perils which are or should be known and which are unknown to invitee.
Williams v. Madden, 588 So.2d 41 (1 DCA 1991)
• In fulfilling its duty to maintain its premises in a reasonably safe condition, “a landowner must conduct inspections appropriate for the premises involved.”
Yuniter v. A & A Edgewater of Florida, Inc., 707 So.2d 763 (Fla. 2d DCA 1998)