Man hurt at Six Flags Darien Lake awarded $4 million

Posted | Contributed by furm

A jury in Little Valley has ordered the Six Flags theme park chain to pay former Olean businessman Mike Dwaileebe $4 million for the Darien Lake roller coaster accident that has left him with severe back pains and an uncorrectable hernia condition, court officials said Thursday. The man was thrown 10 feet from Superman: The Ride in 1999.

Read more from The Buffalo News.

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There are no sensors on the Intamin lap bars. For that matter, most coasters have no sensors on the lap bars. Many (Arrow's suspended coasters and looping coasters) have systems to detect that the restraints are locked, but very few...Vekoma Flying Dutchman, B&M Flying Coaster, B&M Speed Coaster...actually detect that the restraints are actually closed and supply that information to the ride control system. And on most coasters, there isn't even a system to detect that the restraints are locked, because the locking system is typically a spring-biased system that is normally locked when not energized (if electrical) or when not engaged with the release mechanism in the station (if mechanical). The Intamin lap bars, for instance, are hydraulic, controlled by an electric valve. Once the train leaves the station, there is no electrical connection to the train, and therefore by design, the restraints are locked. They may or may not be closed, but the mechanisms are locked...and if the restraints are not closed, they may be pulled closed. That's all by design. Keep it simple, keep it safe.

As for my opinion on this case...

The best evidence we have is that, by the park's own admission, the rider got tossed because he didn't fit properly in the seat. I'm not sure that I agree with the $4M, but I can understand why he is entitled to compensation. From my own experience with that ride, I am not entirely convinced, however, that this incident was not the result of a design flaw with Intamin's seat, car, and lap bar. A design flaw which, I submit, was fixed when they built the Millennium Force trains.

--Dave Althoff, Jr.

Jeff's avatar
I don't know about that either. I think the best iteration of that restraint is found on Dragster (and I think Xcelerator), where the vertical bar has a bend in it and the horizontal bar touches your lap before the vertical touches your wrinklies. It's certainly the most comfortable version.
I didnt try to be mean spirited or rude about this person falling out of this coaster and being hurled. I was just trying to make a point. Our country is, in my opinion is on Sue-A-thon over drive campaign. Im very sorry that he was injured, but ,when will this all end and Who will hold the Final responsibility ???
To expand on what Rideman said...

Generally Arrow's do check to make sure the restaints are locked...but not the individual harnesses. There is a sensor (usually near the base of the lift) that makes sure that all the "pedals" are in the correct, up position. If a pedal is down then the lift will shut off. This is how it works on the Canyon Blaster at the Adventuredome, and I'd assume this is how most other Arrow's work. So in theory, a restraint could be dispatched in the up position, far enough for someone to get out, fly out, whatever.

But as mentioned...for most rides, there is nothing to say if a restraint is down far enough as far as the ride system goes...at least not like many flat rides out there.

Wait a second: How could the man last the whole ride including all the airtime hills w/o falling out. Something doesnt make sense. Also, a few years ago i was @ PCW and a man (with very broad shoulders) and his wife wanted to ride Skyrider. He could not fit in the restraints and therefor the Ride Op told him he could not go on the ride. What's so wrong with that? Many times i have also seen larger people barely fit into restraints, but the Ride Op force the restraints just to bucle once and off the train goes. If you dont fit, you don't fit!
it also depends on park policy...

When I worked at the Adventuredome, we had to let everyone at least attempt to take a seat on the attractions and only say something if the restraint could not be closed properly with reasonable force. For example, if a gentle push was necessary to close a restraint then so be it, but using three people is not reasonable, and probably would do more harm to the attraction and person than good.

I think thats why Cedar Point and some other parks are now saying that you must be able to fasten your restraint on your own...then again you have attractions like Xcelerator that mandate the op securing the restraint


Wait a second: How could the man last the whole ride including all the airtime hills w/o falling out. Something doesnt make sense.

Actually, it makes perfect sense... Fat is squishy (I know from experience). The restraint can fit in the station, and a larger person may feel secure then. BUT all of those UPs and DOWNs can cause a person to shift slightly and they'll be restrained completely differently by the end of the ride.

In my case, even if I get myself in correctly, I insist that the attendents (or my bf) "staple" me in even tighter. I'm a heavy girl... and bouncing around loosely is PAINFUL... So Bring on the "staple monsters!"

People are worried about the"insensitivity" of having weight limits. SO WHAT? As a fat gitl who likes being alive, I'd rather deal with a bit of "insensitivity" than go flying off a ride due to restraints being insufficient for my weight/size.

I actually wrote to BGW and asked them if they had a weight limit for Apollo's Chariot. The reply was "as long as I fit in the restraints, all would be ok."

Funny thing, speaking of shifting in the seats. On A.C. I was always fitting JUST BARELY in the seat but there was some "space" under my bottom in the seat. After getting to the bottom of the first or second hills, I would be jammed all the way down in the seat!

Alas, my last visit to BGW my biggest fear was realized, as I no longer fit on A.C. I realized it immediately... from the intense pain I received after the restraint made it to one click. The attendants were willing to help push, but I told them that it was ok... I realized that if they tried to push, I would be in massive pain, and no ride is worth that. I just watch the video at the beginning of the line... in hopes of experiencing the ride for real, one day.


hello all, this may sound bitter and not nice , but... ... if you are that over weight, ...you should take more responsiblity for your body and eat less amusement park food and go low carbs? 4 Mill. would buy alot of high fatty foods.no excuses , go a diet! First thing to do on your to do list? get your stomach stapled. sorry.

Hi, No, your statement doesn't sound bitter and "not nice" to me. It just sounds very misinformed. It's not your fault. There's so much misinformation from the media, the multi-billion dollar weight-loss industry, and elsewhere.

#1. Stomach stapling: Did you realize that 1 in every 100 Weight Loss Surgery patients dies on the operating table? Would you take that kind of risk just to lose weight? (Not to mention that the surgery cost at least $15,000 and is not usually covered by insurance). Oh.. and surgery might sound like an "easy fix" to you, but have you EVER had any kind of abdominal surgery? I had my gallbladder removed a few years ago (laproscopically, a "so-called bandaid procedure.") Sure, right... can you say PAIN!?

#2. Personal question: How can any serious coaster rider eat a lot of fatty park food? I am a fat girl and the thought of eating much at all while at the park makes me want to puke. I happen to eat MUCH LESS than usal when I'm at a park. Anyway, I don't have much time to eat... got coasters to ride!!

#3. The "Low carb diet" is simply the diet fad of the day. Unless all those people eat like that for the rest of their lives, they'll definitely gain the weight back. Trust me, I know! I lost 40 pounds on a "low carb diet" back in 1988! LONG before the trend ever hit. I got funny looks when I ordered burgers without the bun (I was only allowed 2 servings of bread daily... and a burger already had both of 'em. After I lost all that weight and went back to eating a "normal healthy diet," the weight came back and brough friends.

#4. Diets don't work. See #3. Then check out the following links.

http://www.eskimo.com/~largesse/INDD/factsandfigures.html
http://www.fatfairygodmother.com/stop.htm

Other than all this, I do agree with you when you talk about responsibility and our Litigation-happy society. However, if you check my previous post above, when I asked BGW about a weight restriction, they simply said that if I fit the restraints, then it would be ok for me to ride. Back when I did fit A.C. @ BGW, I KNOW that some guys who weighed less than me were rejected from the ride, because they had built their thighs up from lifting weights.

I always try out the seats at ride entrances (if they're available), however I can't tell from the demos whether or not the restraints will lock.

Responsibility? It should be a 3-way partnership between the park/attendants, the ride manufacturer, and the riders. Pointing fingers is rarely productive. Lawyers SHOULD NEVER be needed.

So, can "overweight" folks still ride S:ROS? Do they have a demo seat? How long are the seatbelts?

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