Bartow, FL, USA - Martin Llamas, 13, fell from the Triple Hurricane at Cypress Gardens on Feb. 25 due to his own unsafe riding position. Regardless, his parents filed a lawsuit against Cypress Gardens for supposedly not inspecting the ride well and not ensuring that it was safe for others, or in legal terms, negligence.

Lynn Wright, Cypress Gardens' public relations manager, said, "We stand by the results of the completed investigations of state and local officials, which cleared the park of any negligence or error in this unfortunate accident," supporting Cypress Gardens' lack of responsibility for the incident. Wright also objects to the accusations filed.

They filed this suit on March 3. Lawyer Carlos R. Diez-Arguellas reports that Martin Llamas is now disabled due to his 10-to-12-foot fall, and the cost for the damages is over $15,000. He says the reason for this lawsuit being filed so quickly after the incident was to "protect any available evidence."

The parents of Martin Llamas, Publio Junco and Maria Cota claim that Cypress Gardens didn't make sure the Triple Hurricane was safe nor did they maintain or inspect the ride to ensure safety. There was probably no need for this, since the accident was caused by the rider, and not the roller coaster.

The lawsuit also said that Cypress Gardens didn't correct an unsafe problem that an inspection of the coaster would have revealed. The inspections are all done, and the Polk Country Sheriff's Office has reached its conclusion that Martin Llamas turned around right before the coaster was about to make a tight right turn. By doing this, he was in an unsafe position in which the lap bar was not safely across his legs. When the train navigated the turn, the lateral forces threw Llamas from his car.

Witnesses of the incident say that Martin was standing when he was thrown out of the train. His parents, though disagreeing with this, can not prove it was the ride's fault, since the Florida State Bureau of Fair Ride Inspection discovered no problems with Triple Hurricane and due to the fact that Llamas was held in by his lap bar. Held in, that is, until he went into an unsafe position.