Editorial Standards \u24d8<\/a><\/p>\n\n\t\t\t\t\t\tSeaWorld Orlando is seeking to dismiss a lawsuit filed by a guest claiming she was injured on the Mako roller coaster after a “duck” entered the coaster’s path and struck her in the face on March 24. The woman is seeking at least $50,000 in damages, alleging negligence for creating a \u201czone of danger\u201d for bird strikes due to the ride\u2019s high speed, proximity to water, and location within waterfowl territory.SeaWorld has moved to dismiss the case, stating its investigation confirmed the guest encountered a wild migratory snowy egret, not a duck.”This matter does not and has never involved a duck,” SeaWorld stated. “Accordingly, Martin\u2019s allegations that she encountered a ‘duck’ while experiencing SeaWorld\u2019s Mako coaster are no longer true or factual, nor are such allegations actionable against SeaWorld.”According to the filing, SeaWorld Orlando argues that it is not responsible for the actions of a wild migratory bird and that the plaintiff\u2019s initial claim regarding a duck is factually incorrect. The park’s core argument for dismissal rests on Florida law, which states that a premises owner is not legally responsible for the actions of a wild animal unless the owner has brought the animal into its possession, harbored it, or introduced it to the locality.”SeaWorld stated it did not possess, control, harbor, or introduce the wild ‘duck’ to its premises,” the park argued. SeaWorld contends the legal grounds for dismissal remain, even assuming the plaintiff’s initial allegation of a duck was true. “It follows that Martin\u2019s cause of action must fail because she cannot state a legally supportable basis for a lawsuit against SeaWorld, and this claim should be dismissed, with prejudice.” SeaWorld also noted in the filing that the woman refused medical transportation at the park and did not seek medical treatment until the day after the incident.The incident was not reported to the Florida Department of Agriculture and Consumer Services. A jury trial is being sought by the plaintiff.\n\t\t\t\t\t<\/p>\n
SeaWorld Orlando is seeking to dismiss a lawsuit filed by a guest claiming she was injured on the Mako roller coaster after a “duck” entered the coaster’s path and struck her in the face on March 24. <\/p>\n
The woman is seeking at least $50,000 in damages, alleging negligence for creating a \u201czone of danger\u201d for bird strikes due to the ride\u2019s high speed, proximity to water, and location within waterfowl territory.<\/p>\n
SeaWorld has moved to dismiss the case, stating its investigation confirmed the guest encountered a wild migratory snowy egret, not a duck.<\/p>\n
“This matter does not and has never involved a duck,” SeaWorld stated. “Accordingly, Martin\u2019s allegations that she encountered a ‘duck’ while experiencing SeaWorld\u2019s Mako coaster are no longer true or factual, nor are such allegations actionable against SeaWorld.”<\/p>\n
According to the filing, SeaWorld Orlando argues that it is not responsible for the actions of a wild migratory bird and that the plaintiff\u2019s initial claim regarding a duck is factually incorrect. <\/p>\n
The park’s core argument for dismissal rests on Florida law, which states that a premises owner is not legally responsible for the actions of a wild animal unless the owner has brought the animal into its possession, harbored it, or introduced it to the locality.<\/p>\n
“SeaWorld stated it did not possess, control, harbor, or introduce the wild ‘duck’ [or egret] to its premises,” the park argued. SeaWorld contends the legal grounds for dismissal remain, even assuming the plaintiff’s initial allegation of a duck was true. “It follows that Martin\u2019s cause of action must fail because she cannot state a legally supportable basis for a lawsuit against SeaWorld, and this claim should be dismissed, with prejudice.” <\/p>\n
SeaWorld also noted in the filing that the woman refused medical transportation at the park and did not seek medical treatment until the day after the incident.<\/p>\n
The incident was not reported to the Florida Department of Agriculture and Consumer Services<\/a>. A jury trial is being sought by the plaintiff.<\/p>\n","protected":false},"excerpt":{"rendered":"Egret, not duck: SeaWorld calls foul on Orange County woman’s rollercoaster injury claim Updated: 11:24 PM EST Dec…\n","protected":false},"author":2,"featured_media":72074,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[14189,4721,41319,16554,1784,41321,833,326,41323,139,141,140,3032,41318,41320,2043,41322,192],"class_list":["post-72073","post","type-post","status-publish","format-standard","has-post-thumbnail","category-orlando","tag-action","tag-allegation","tag-dismissal-rest","tag-duck","tag-guest","tag-initial-claim","tag-lawsuit","tag-martin","tag-orange-county-woman","tag-orlando","tag-orlando-headlines","tag-orlando-news","tag-park","tag-plaintiff","tag-rollercoaster-injury-claim","tag-seaworld","tag-wild-animal","tag-woman"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/72073","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/comments?post=72073"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/72073\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media\/72074"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media?parent=72073"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/categories?post=72073"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/tags?post=72073"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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