Law TORT: Discuss possible claims in negligence

Fallty Towers is a popular amusement park with a number of roller coaster rides, situated in the Devon countryside.  For the summer season, the owners of the park bought and installed a roller coaster ominously named “Death Rattle,” which was the fastest in the world, containing the largest number of ‘loops’ in Europe.   ‘Death Rattle’ was widely advertised and it attracted thrill seekers in their thousands.  Fallty Towers made an enormous profit from tickets for this ride. 

A month after the roller coaster was unveiled, things went wrong.  On 5 July, one of the carriages came to an unscheduled stop at the top of a loop.  The ride supervisor managed to stop the whole sequence of rides and after restarting the system, all the carriages were brought back to safety.  Nobody suffered any injuries, but passengers on the roller coaster got a big fright as they were stationary for more than 5 minutes.

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Fallty Towers reimbursed all the customers who were on that ride and gave them all a complimentary meal and season tickets as an apology for their inconvenience.  Fallty Towers also promised to look into the event to see what went wrong and to prevent it from happening again.   However, they never did this, and all that was done was a quick glance at all the components of the structure by the ride supervisor.

A few weeks later, on 25 July, one of the carriages again got stuck at the top of a loop.  Riders were trapped, hanging upside down.  This time, the ride could not be stopped and the carriage following the stuck carriage crashed into it at full speed.  Jason, a 22 year old student who was the last rider in the first carriage, lost both of his legs due to the impact.  Jason’s mother Emma was watching from the ground and saw the accident happen.   Although she was in no danger of injury herself, due to the shock of seeing her son’s legs being amputated in the accident, she developed Post Traumatic Stress Disorder.

It later transpired, after an investigation that Fallty Towers had omitted to properly maintain the roller coaster. 

Fully discuss possible claims in negligence arising from this scenario. 

Maximum word count: 1200. 

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