A Florida woman has filed a lawsuit against SeaWorld Orlando, alleging that the park’s failure to ensure proper safety measures led to a freak accident that left her permanently injured and disfigured. Hillary Martin, a resident of Orange County, Florida, claims she suffered severe physical and psychological harm after being struck in the face by a duck while riding the park’s popular “Mako” roller coaster earlier this year. The lawsuit, filed in Florida’s Ninth Judicial Circuit, has reignited discussions over amusement park safety, environmental design, and the duty of theme parks to protect riders from even the most unpredictable hazards.
The Incident on the “Mako” Roller Coaster
According to court filings, the incident took place in March when Hillary Martin boarded SeaWorld Orlando’s Mako roller coaster, one of the park’s most famous thrill rides. The coaster, which opened in 2016, is renowned for being Orlando’s tallest, fastest, and longest roller coaster, reaching speeds of up to 73 miles per hour and rising 200 feet into the air. Positioned beside a large artificial lake within SeaWorld’s property, Mako’s design and placement were meant to simulate the movements of its namesake—the fast and agile mako shark—gliding above the water.
However, it was precisely this lakeside setting that Martin argues made the ride inherently unsafe. As the roller coaster reached a high-speed section of its track, a duck reportedly flew directly into her face. The impact was so strong that Hillary Martin claims she lost consciousness, suffering what her attorneys describe as “permanent injury” and “disfigurement.” The complaint alleges that she required immediate hospital care, incurring substantial medical expenses, and continues to suffer from both physical limitations and emotional trauma.
The lawsuit states that Martin has endured “loss of enjoyment of life,” an inability to perform normal daily functions, and a reduction in her earning capacity. Her attorneys emphasize that the high speed of the Mako roller coaster transformed what might otherwise have been a minor collision into a high-impact, dangerous event. In their words, the ride’s velocity made any bird strike “comparable to a high-speed vehicular collision,” capable of causing serious bodily harm.
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Martin is seeking at least $50,000 in damages, as well as a jury trial. The amount, while modest compared to some personal injury claims, reflects her stated goal of holding SeaWorld accountable for what she considers a preventable and foreseeable hazard created by the park’s design choices.
The Question of Liability and Safety Standards
At the heart of the lawsuit lies a debate over whether SeaWorld’s decision to situate the roller coaster near a large body of water constitutes negligence. Martin’s attorneys assert that by placing the attraction beside a lake frequented by ducks, geese, and gulls, the park created what they call a “zone of danger.” The complaint argues that SeaWorld either knew or should have known about the potential for bird strikes and failed to take reasonable precautions to mitigate the risk or warn riders.
“SeaWorld designed and maintained a roller coaster that operated in proximity to a natural habitat for waterfowl,” the filing states. “This configuration presented a foreseeable risk of collision between the ride’s occupants and airborne wildlife.” Legal experts note that the concept of “foreseeability” is crucial in such cases.
If Martin’s attorneys can demonstrate that SeaWorld was aware—or should reasonably have been aware—of the possibility that birds could collide with riders, they may be able to establish negligence. Amusement parks are required under Florida law to maintain a safe environment for guests and to address known hazards. However, whether a duck flying into a roller coaster qualifies as a foreseeable hazard may become a central point of contention in court.
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SeaWorld, for its part, has issued a short statement expressing sympathy but declining to comment further due to the ongoing litigation. “The safety of our guests and employees is a top priority and we take these situations seriously,” a spokesperson for SeaWorld Orlando said.
Theme park safety analysts say that while animal encounters on roller coasters are rare, they are not entirely unprecedented. Birds are often attracted to the bodies of water, open spaces, and food sources commonly found in amusement parks. High-speed rides that intersect with natural or artificial water features may inadvertently increase the risk of such collisions. Yet, proving that the park could have reasonably prevented this particular incident will likely be challenging.
In some past cases involving amusement park injuries, plaintiffs have argued that operators failed to anticipate the full range of environmental risks. For example, parks located near wooded areas have been sued for insect stings or falling branches, while others near lakes or beaches have faced claims related to wildlife interference. The difficulty lies in demonstrating that these events were predictable enough to warrant preventive measures such as bird deterrent systems, altered track designs, or protective shielding.
SeaWorld’s History of Legal Controversy
The lawsuit against SeaWorld Orlando is far from the first time the park has faced legal scrutiny. Over the years, SeaWorld has been entangled in numerous controversies and lawsuits, often tied to its treatment of animals and corporate practices. The most well-known of these emerged after the 2013 release of Blackfish, a documentary examining the captivity of orcas and the death of trainer Dawn Brancheau in 2010, who was killed by the orca Tilikum.
The film sparked a public relations crisis, leading to protests, declining attendance, and a major shift in the company’s operations. Following Blackfish, SeaWorld ended its orca breeding program in 2016 and committed to phasing out theatrical killer whale shows. It also settled a class-action lawsuit with investors who alleged that the company misled them about the documentary’s negative impact on attendance and revenue.
While those legal battles were largely centered on animal welfare and corporate disclosure, Martin’s case introduces a new dimension—focusing instead on physical safety and park design. Legal observers note that the case could have broader implications for amusement park operations, particularly for rides situated near natural environments. If Hillary Martin succeeds, it might compel other theme parks to reassess how their attractions interact with nearby wildlife habitats.
The Mako roller coaster itself has been one of SeaWorld’s marquee attractions since its debut. Marketed as a “hyper coaster” known for its speed and smooth vertical drops, it has been a favorite among thrill-seekers. Its proximity to the park’s central lake was intended to enhance the visual experience, simulating the sensation of a shark cutting through waves. But Hillary Martin’s attorneys argue that this very proximity transformed the ride into a potential hazard zone for both guests and birds.
The lawsuit further claims that the ride’s high-speed design disorients nearby birds, causing them to fly erratically and increasing the chance of collisions. It also alleges that SeaWorld failed to implement deterrents—such as acoustic systems, visual barriers, or netting—that could have minimized the risk.
The Broader Discussion Around Amusement Park Safety
While the circumstances of this case are unusual, the lawsuit highlights a growing conversation around the evolving standards of amusement park safety. Modern thrill rides have become faster, taller, and more complex, offering riders experiences that push the boundaries of physics and imagination. Yet, with these advancements come heightened responsibilities for safety oversight.
Florida, home to some of the world’s most famous theme parks, has a rigorous but complex regulatory framework governing amusement park operations. Major parks like SeaWorld, Disney World, and Universal Studios are largely self-regulating, subject to annual state inspections but primarily responsible for their own internal safety assessments. As a result, much of the accountability for accidents comes through civil lawsuits rather than state enforcement.
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Martin’s case underscores the fine line between a freak accident and a preventable hazard. While the incident might appear as an unforeseeable act of nature—a bird unexpectedly flying into a roller coaster—her attorneys argue that the risk was inherent to the ride’s design and should have been mitigated. Should a jury agree, the outcome could redefine how parks assess environmental risks when planning attractions near water or open habitats.
The case may also raise public awareness about the hidden vulnerabilities of high-speed amusement rides. While theme parks invest heavily in mechanical safety—ensuring that tracks, restraints, and emergency systems meet strict standards—environmental and wildlife risks often receive less attention. The Martin lawsuit could prompt the industry to consider more holistic safety strategies that integrate environmental factors into ride design and maintenance planning.
Beyond the legal implications, the incident has sparked widespread curiosity and debate online, with many social media users expressing shock at the nature of the accident. Some sympathized with Martin’s ordeal, while others viewed it as an unfortunate but unpredictable event, questioning whether SeaWorld could have done anything to prevent it.
As the lawsuit proceeds, it will likely hinge on expert testimony from engineers, wildlife specialists, and safety analysts. They will be tasked with determining whether the collision was a random act of nature or a foreseeable consequence of the roller coaster’s location and operation.
If the court sides with Hillary Martin, it could set a new precedent in premises liability law, expanding the definition of what constitutes a foreseeable hazard in outdoor attractions. For SeaWorld, which has long been under the microscope for its operational decisions, the outcome could have both financial and reputational ramifications.
Regardless of the verdict, the case serves as a striking reminder of the unpredictable interplay between nature and technology—even in controlled environments designed for entertainment. For Hillary Martin, what was meant to be a thrilling day at SeaWorld turned into a traumatic and life-altering event, one that now stands at the center of a legal battle questioning the boundaries of safety responsibility in the amusement park industry.