In summer 2021, a rider on the Swamp Fox wooden roller coaster at Family Kingdom Amusement Park in Myrtle Beach, South Carolina, suffered an acute spinal cord injury leading to quadriplegia. The rider and his spouse sued the park in 2024, alleging poor maintenance, failure to inspect for defects, and lack of warnings that made the ride “extremely dangerous.”
Original Lawsuit Claims
- Negligence: Park failed to properly examine and maintain the coaster, overlooking “latent defects.”
- Injuries: Rider requires ongoing medical treatment; spouse claims relational harm (e.g., loss of consortium).
No specific mechanical issues are detailed in the suit.
Park’s Insurance Lawsuit (Filed Recently)
Family Kingdom, Seaside Entertainment LLC, and Ocean Avenue Attractions LLC are now suing their insurers:
- HDI Global Specialty SE and Lloyd’s, London: For denying coverage under 2022 policies that include bodily injury and property damage from accidents. The park argues the 2024 rider lawsuit falls within the policy period, but insurers “refused to honor obligations.”
- McGowan Allied Specialty Insurance: For failing to secure adequate policies for carnival/amusement operations.
The original plaintiffs (rider and spouse) are named due to their stake in the outcome. Insurers haven’t commented publicly.
Key Legal Context in South Carolina
Amusement parks in SC operate under strict liability for injuries from defective rides, but negligence claims like this require proving breach of duty (e.g., maintenance standards per ASTM F24 committee guidelines). Insurance disputes often hinge on policy dates, “occurrence” definitions, and exclusions for known defects. This subrogation-style suit lets the park seek defense costs and indemnity if liable.
| Party | Role | Claim Against |
|---|---|---|
| Rider & Spouse | Plaintiffs (original suit) | Park’s negligence causing paralysis |
| Family Kingdom et al. | Defendants (original); Plaintiffs (insurance suit) | Insurers’ breach of coverage |
| HDI & Lloyd’s | Liability insurers | Denial of bodily injury coverage |
| McGowan | Risk manager | Inadequate policy procurement |
This case highlights common tensions in amusement liability: riders seek compensation for life-altering injuries, parks push back via insurance to avoid direct losses. Updates may appear in Horry County court records or local outlets like Live5News.
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