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April 22, 2012 /24-7PressRelease/ -- The winding steel rails of the Hi-Miler rollercoaster -- an annual favorite at the Houston Livestock Show and Rodeo's carnival -- were meant to give carnival goers a safe thrill. Up and down, air rushing through their hair, screams of delight almost involuntarily escaping from their lungs.
Now, the screams are silenced, the Hi-Miler disassembled and crated away. In the waning minutes of last year's carnival, Brian Greenhouse, a 47-year-old father of one, decided to take one last spin on the Hi-Miler. For reasons that remain shrouded in mystery, Greenhouse was ejected from his rollercoaster car. He plummeted almost 30 feet to his death.
Greenhouse's son Isaiah, now a 7-year-old second grader, will grow up without a father. But the tragedy has at least a small silver lining: in light of the accident and the corresponding wrongful death lawsuit, several new safety precautions have been implemented for the 2012 carnival.
Family Nears Settlement With Rodeo and Carnival Operator
Greenhouse's family insists that faults in the Hi-Miler's restraint system are to blame for their loss. Shortly after his death, Greenhouse's survivors sought out a wrongful death lawyer and filed suit against the Houston Livestock Show and Rodeo as well as carnival operator Ray Cammack Shows.
For their part, the defendants assert that the Hi-Miler was perfectly safe and had passed a daily inspection. There is some evidence to support their assertions: a four month investigation from the Consumer Product Safety Commission produced an 800 page report on the ride, but failed to uncover anything that would have been considered a "substantial hazard." Yet, neither the rodeo nor Ray Cammack Shows can explain how a ride on the Hi-Miler ended with Brian Greenhouse's broken body splayed on the carnival midway.
In contrast to the federal report, anecdotal safety concerns with the Hi-Miler had been voiced as early as 2009. In one complaint filed with the Texas Department of Insurance, the regulatory agency responsible for carnival rides in the Lone Star State, a woman claimed that the safety restraint handle sprang up in the midst of a ride on the Hi-Miler, leaving her and her four-year-old daughter unattached to their car. The woman and her daughter were able to hang on and fortunately were not injured, but her vocal complaints went nowhere; the Hi-Miler continued to operate.
The Hi-Miler was conspicuously absent from the 2012 carnival. Although the defendants have not admitted any wrongdoing, settlement talks are progressing. A $2.7 million preliminary settlement had been reached, with $1.9 million going to Greenhouse's son. However, a judge refused to approve the settlement in a hearing on April 7 due to the high percentage of Isaiah's funds that was earmarked for legal fees. A revised settlement proposal is expected in the coming weeks.
Carnivals Can Be Held Responsible For Injuries and Deaths Under Texas Law
Lawyers for the Houston Livestock Show and Rodeo and Ray Cammack Shows say that their willingness to settle with Greenhouse's family is merely reflective of the uncertain nature of jury trials, and is in no way an admission of liability. Yet, the Greenhouse case nonetheless illustrates how carnivals can be forced to pay for injuries or deaths that occur on their property.
The Greenhouse case is not an isolated incident: negligence in ride operation is commonly alleged in lawsuits filed against carnivals. Carnival operators owe a duty of safety to their patrons -- a duty that can be breached in many ways, such as ignoring obvious defects in rides, negligently hiring unqualified employees or failing to provide proper safety instructions to riders. When a carnival operator's shortcoming results in a death or injury, they can be held liable for monetary damages.
While high-velocity rides are one of the more obvious potential threats at carnivals or amusement parks, injuries can, and often do, result from a number of other sources that may seem innocuous in relief. In the legal field, a premises liability attorney is the professional responsible for helping parties injured by a dangerous condition (or the families of those who are killed) secure compensation from property owners. Tripping over uncovered cables, slipping on spilled ice cream that never got cleaned up or any number of other accidents caused by uncorrected dangerous conditions can give rise to liability. A premises liability attorney can help victims force property owners to pay for medical bills, lost wages, pain and suffering, or, in the most heartbreaking cases, funeral expenses and survivorship benefits.
Greenhouse Lawsuit Has Led To Carnival Safety Improvements
Monetary compensation secured through a lawsuit can help injured parties or their families get through a tough time. As an added benefit, successful lawsuits create an incentive for parties to reevaluate their safety standards.
Even though the defendants in the Greenhouse suit have not admitted liability, they have implemented safety reforms: the Hi-Miler has been decommissioned; a new brochure was distributed at this year's carnival detailing height, weight, age and agility requirements for each ride; and, Ray Cammack Shows has promised that from now on, each ride will have at least one attendant fluent in English and at least one attendant fluent in Spanish (in some of the complaints previously lodged against the Hi-Miler, riders worried that attendants did not seem to understand English and could therefore not provide adequate safety instructions or respond to rider concerns).
Injured? Learn More From an El Paso Attorney
If a carnival or amusement park mishap has touched your life, you should contact a local personal injury attorney as soon as possible. Your attorney can tell you more about your right to compensation. In addition, by holding negligent carnival operators accountable, you will help keep the carnival experience what it should be: enjoyable, but above all else, safe.
Article provided by Law Office of Ruben Ortiz
Visit us at www.rubenortizlaw.com
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