COLUMBUS (WCMH) – Attorneys representing the victims injured on the Fire Ball said an Ohio state law could prevent them from suing the manufacturer of the ride, KMG.
It’s been nearly seven weeks since an arm of the ride broke off, causing the death of 18-year-old Tyler Jarrell and injuries to seven others. The ride still sits barricaded on the Ohio State Fairgrounds.
Attorney Rex Elliott said after being seriously injured riding the Fire Ball back in July, his client 19-year-old Keziah Lewis is still in the hospital and will have millions of dollars in medical bills.
“She’s had close to 10 surgeries, multiple other procedures. She’s still immobilized in bed,” said Elliott. “She’s going to have permanent injuries that she’s going to deal with for the rest of her life.”
He said a state law passed in 2004 referred to as “tort reform” includes a 10 year statute of repose, which means you can’t sue the manufacturer for a defective product 10 years after its first sale to an end user. Elliott said the Fire Ball was built in 1998 and sold shortly after.
“It doesn’t encourage the manufacturer to create safe products. It doesn’t encourage manufacturers when they learn about a defect in their products to disclose it,” said Elliott. “It encourages manufacturers to sit back and watch that 10 year time clock tick away.”
Elliott said the 10-year time limit is an arbitrary number and the statute of repose is being used to prevent legitimately injured people from being taken care of.
“The bottom line is it really promotes profits over safety,” he said.
He said corrosion on the ride was visible to the naked eye, stating gross negligence and recklessness from multiple parties caused this tragedy.
“Whether it’s through the owner-operators, the inspectors or even KMG, we’re going to see to it that she is fully compensated for what happens here,” said Elliott. “Because the legislature has promoted profits over safety, we’ve got our work cut out for us to take care of this little girl and her family.”
Attorney Mike Kitrick, representing Jarrell’s family said tort reform is a terrible law. He said the legislation was designed to stop frivolous lawsuits, but instead, it’s hurting people who have been hurt the most.
NBC4 reached out to the Ohio Manufacturers’ Association, who supported tort reform legislation, below is its statement:
“The accident that occurred at the Ohio State Fair was a terrible tragedy. The 2004 law does not prevent a party from seeking legal remedies against responsible parties whose actions resulted in an injury. The law recognizes that subsequent to delivery of a product the manufacturer loses control over the product, its uses, and the conditions under which the product is used and maintained. So after 10 years, it is more appropriate for parties who have had control of the product to be responsible for any harm. While Ohio law contains a statute of repose to promote manufacturing and innovation, that law does not absolve manufacturers from liability for fraudulent conduct regarding the product.” – Ryan Augsburger, Vice President
