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Two parents are suing a local indoor amusement park after their adult daughter allegedly sustained “severe” injuries on a go-kart attraction
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The complaint, filed on behalf of Chloe Elizabeth Smith, accuses Fun Land of Fairfax in Centreville, Va., of negligence
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“Suddenly and without warning, Chloe’s Go-Kart No. 11 accelerated in an unsafe and rapid manner; and, thereafter, crashed head-on into a retaining wall,” the suit says
Two Virginia parents are suing a local indoor amusement park after their daughter allegedly sustained “severe” injuries due to a go-kart crash.
On Friday, Nov. 14, Fairfax County residents Ellen and Michael Smith filed a lawsuit on behalf of their adult daughter Chloe Elizabeth Smith in the U.S. Eastern District of Virginia. The complaint claims that during a visit to Fun Land of Fairfax in Centreville last year, Chloe, who has autism, was in a go-kart that “accelerated in an unsafe and rapid manner” eventually crashing “head-on into a retaining wall.”
According to the complaint, Chloe and her mom Ellen visited Fun Land on Feb. 16, 2024. The suit claims neither Chloe nor Ellen were ever provided with or instructed to complete any written waiver, warning or safety disclosure form prior to receiving blue wrist bands that granted full access to the park’s rides and attractions.
After watching the go-karts, the pair got in line for the track. When it was their turn, the suit claims a “young attendant” buckled Chloe into her vehicle, “but did not check or tighten the shoulder harness and lap belt to ensure adequate and safe restraint, and failed to verify that the seat was properly secured.”
After getting cleared to ride, Chloe allegedly complained that her kart was not moving very fast despite having her foot all the way down on the petal.
“Suddenly and without warning, Chloe’s Go-Kart No. 11 accelerated in an unsafe and rapid manner; and, thereafter, crashed head-on into a retaining wall,” the suit alleges.
As a result, the complaint claims, Chloe’s body was thrust forward and her lower extremities struck the steering column in a move called “submarining” — where a body slides underneath a poorly fitted lap belt. Chloe’s legal team alleges that she has and will continue to receive medical treatment due to her injuries.
The complaint names operator Five Star Parks & Attractions, as well as its subsidiaries Fun Land Opco LLC and The Track Intermediate Opco LLC, as defendants. All three are accused of negligence, negligence per se, failure to warn and breach of implied warranty.
Chloe and her legal co-guardians are seeking damages in the sum of $1 million as well as post-judgement interest, costs and other appropriate relief.
Neither Smiths’ attorneys nor a representative for Five Star immediately responded to PEOPLE’s request for comment.
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According to the company’s website, Five Star operates in more than 20 markets across the country including locations in Chicago, Cleveland and Oklahoma City.
“We prioritize the well-being of every guest and team member, ensuring that our facilities are secure and adhere to the highest industry standards,” the company includes on its website. “From meticulously maintained equipment to comprehensive training protocols, we leave no stone unturned in creating a secure environment where fun and excitement thrive hand in hand with peace of mind.”
Read the original article on People
