Phone: (516) 487-8207
An army veteran, maimed in Iraq, died last week in a tragic roller coaster accident in Darien Lake Theme Park Resort in upstate New York.
James Hackemer, 29, was on the "Ride of Steel" at the theme park in Genesee County, between Buffalo and Rochester, NY.
Mr. Hackemer, from Gowanda, NY, was serving in Iraq when, in 2008, a roadside bomb claimed both of his legs -- one below the knee and the other below the hip. He was only recently released from Walter Reed Army Medical Center in Washington, DC.
Mr. Hackemer was assisted into the Ride of Steel, which is one of the tallest roller coasters in the eastern United States, reaching up to 208 feet and moving as fast as 70mph. According to a witness, Hackemer was ejected from his seat on the first turn, just after the first drop.
The roller coaster area was shut down immediately and an investigation is pending.
His family was consoled by the fact that he was doing what he wanted to do, that he was happy, and by the fact that they were lucky to spend these years with him since the bomb exploded from beneath in Iraq.
Comment:
The reports indicate that he specifically asked the attendants at the amusement park whether he could go on the various rides because of his obvious disabilities. He was told he could. However, the roller coaster ride clearly indicates you must be 3 feet tall to ride the coaster. In addition, once he was strapped in, it was obvious to the person he was with that the safety strap is supposed to go over your lap. He had no lap.
In evaluating a possible claim against the amusement park, the small details like these make a huge difference. Should the attendant's have known that there were challenges for people with disabilities and that some rides are more dangerous than others? You can clearly argue that is the case here.
Should a manager have been called over to discuss the different rides he would have been able to go on? Again, a good argument can be made that it should have been done.
Should the Army vet have recognized the inherent dangers associated with such a ride, given his physical disabilities? Maybe. However, it appears he relied on the park attendant to reassure him and confirm whether he could still go on this thrill-seeking ride.
As a practicing medical malpractice, wrongful death, and negligence attorney in New York, I deal with tragic accidents like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.
If you would like more information about how accident and wrongful death cases work in the state of New York, I encourage you to explore my educational website http://www.oginski-law.com. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
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