Orcas at SeaWorld Orlando

Credit: Jeremy Thompson, Flickr

SeaWorld Orlando has filed a motion to dismiss a lawsuit against a woman who claimed she faced permanent mental and physical injury after being struck by a flying duck on the Central Florida theme park’s Mako roller coaster in March. In a filing, the park claimed the guest was actually hit by a snowy egret, not a duck.

Lawsuit Against SeaWorld Orlando
Aerial view of SeaWorld Orlando featuring the park's high-speed coaster Mako and KrakenCredit: SeaWorld

In October, Hillary Martin filed a complaint against SeaWorld Orlando over an incident that allegedly occurred on March 24, 2025. Martin’s legal team said the theme park guest was seeking $50,000 in damages after being knocked unconscious and “disfigured” by a duck while riding the Mako roller coaster. The filing listed her injuries as permanent mental and physical “pain and suffering.”

Martin’s attorneys argued that SeaWorld Orlando “either knew or should have known” that such a collision was a risk on the Mako coaster, which is near a body of water. They claim the park failed to “maintain the premises in a reasonably safe condition by negligently failing to correct a dangerous situation.”

Mako in front of pink sky at SeaWorld Orlando, as theme park news just hits the media.Mako in front of pink sky at SeaWorld Orlando, as theme park news just hits the media.Credit: SeaWorld

At the time, SeaWorld Orlando issued the following statement:

“The safety of our guests and employees is a top priority, and we take these situations seriously. We will not be commenting beyond that as this is pending litigation.”

However, a new filing sheds new light on the Central Florida theme park’s response to the lawsuit.

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Guests ride Mako roller coaster at SeaWorldGuests ride Mako roller coaster at SeaWorldCredit: SeaWorld

In a filing to dismiss Martin’s lawsuit last month, SeaWorld Orlando wrote that it should not be held responsible for “a wild animal’s actions.” It also claimed that the guest misidentified the animal that hit her, which was a migratory snowy egret, as a duck.

According to reports, SeaWorld Orlando also claimed that Martin declined medical transport after the incident occurred because she “wanted to keep going in the park and did not want to be held up any longer.” The park claims the guest did not seek medical attention until March 25, the day after the bird struck her on Mako.

Guests ride Mako at SeaWorld Orlando, an Orlando theme park.Guests ride Mako at SeaWorld Orlando, an Orlando theme park.Credit: SeaWorld

SeaWorld Orlando denies Martin’s attorneys’ claims that having a roller coaster near a body of water poses a “zone of risk,” writing:

“Martin’s event, by its own description, could have occurred regardless of the presence of any body of water within the park and it still would not have been Sea World’s legal responsibility.”

Neither Hillary Martin nor SeaWorld Orlando has released public statements in response to the recent motion to dismiss the Mako lawsuit. The roller coaster remains open and is operating normally.

A hearing is scheduled for the case in the Orange County court on December 8. Stay tuned for updates as the legal battle moves forward.

Should this lawsuit against SeaWorld be dismissed? Share your opinion with Inside the Magic in the comments!