Lawsuits Filed following Tragic Amusement Park Accident

Norridge, ILTwo lawsuits have been filed in the tragic amusement park accident that took the life of a three-year-old boy in April 2011. The family of the victim filed the lawsuit following the roller coaster accident. Meanwhile, a woman who witnessed the horrific theme park accident has also filed a lawsuit.

The wrongful death lawsuit was filed by the family of Jayson Dansby, who was riding the Python Pit roller coaster at Go Bananas with his twin brother. At some point during the ride, Jayson managed to get beneath the safety restraint. He then fell between two cars, suffered head injuries, fell to the floor and died at the scene.

The lawsuit, filed by Jayson's parents, alleges gross negligence. According to reports, the same roller coaster at Go Bananas has been involved in at least three other injuries in recent years, although those were mostly minor injuries. One injury involved a broken wrist, while another child bumped his or her head when the ride stopped suddenly. That child was treated in a medical center.

The Chicago Tribune (04/20/11) reports that Go Bananas was closed after Jayson's death but reopened after the park passed a state inspection. The park also issued a statement that officials had not found any evidence of human error or mechanical failure that may have led to the death.

A statement released by the family's lawyer, however, says that the police report and an operator statement show that the ride was not safe. A coroner's report ruled the death accidental. The autopsy states that Jayson died of multiple injuries both from being struck by a roller coaster car and from falling from the coaster. An investigator from the Illinois Department of Labor sent an investigator to the amusement park immediately after the accident.

Meanwhile, a woman who witnessed the accident and reportedly attempted to help Jayson after he fell from the coaster has filed a lawsuit alleging she suffered emotional distress and anxiety during the incident. According to Fox News Chicago (04/19/11), the woman's lawsuit alleges that Go Bananas did not have an attendant operating the machine at all times, that the ride was moving too quickly and that children were not properly harnessed. Furthermore, the lawsuit alleges that there was no emergency stop on the ride.