Twenty-five-year-old theme park patron entered area beneath suspended
roller coaster to retrieve the hat his wife had dropped previously while
riding the roller coaster. While retrieving the hat, the roller coaster
passed overhead and the leg of one of the passengers struck him in the
head, killing him. The passenger sustained substantial injuries to her
warning sign was placed on the fence surrounding the area beneath the
roller coaster. The sign said "DANGER. RESTRICTED AREA. AUTHORIZED
PERSONNEL ONLY". The sign was printed only in English. The sign
included text and no pictorial. The deceased patron neither spoke nor
plaintiff's attorney retained the human factors expert. After the expert
read the ride operation and safety manuals, read depositions, reviewed
diagrams of the ride, and conducted a site inspection, he provided deposition
and trial testimony on human factors design issues, visual perception
and cognition, human information processing, and safety practices. The
testimony included information about the presentation and content of
as well as the behavioral issues in responding to the perceived hazards
in the environment. Case settled during trial.
Forty-seven-year-old man with diabetes used a heat pack to soothe aches
on one of his feet, which resulted in severe burns to that foot. His
occupation required that he walk during the entire work day. He missed
six months of work.
says he read the instructions and did not see any warnings about use.
plaintiff's attorney retained the human factors expert. After expert
read depositions, examined the warning on the product, and interviewed
the plaintiff and his wife, he provided a verbal report to the attorney
The case was settled before deposing expert.
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