Family Files $1 Million Lawsuit After Catastrophic Go-Kart Accident
A severely autistic woman suffered life-changing injuries including a shattered pelvis when her go-kart accelerated uncontrollably and smashed into a wall at a Virginia amusement park, according to a $1 million personal injury lawsuit obtained by The Independent.
The incident occurred on February 16, 2024, at Fun Land of Fairfax, a park owned by Five Star Parks & Attractions. Chloe Elizabeth Smith, who is considered legally incapacitated and lives under the guardianship of her parents, was on an outing with her mother, Ellen, when the tragedy unfolded.
How the Incident Unfolded
According to court documents filed on November 14 in a federal court in Alexandria, Virginia, Smith's mother had first observed the go-karts operating at what appeared to be safe speeds before they joined the queue. They were directed into separate karts, with a young park attendant buckling Chloe into go-kart number 11.
The lawsuit alleges the attendant failed to properly check or tighten the shoulder harness and lap belt to ensure a safe restraint. It also claims the seat was not properly secured to the chassis and that the kart lacked sufficient padding and speed-control mechanisms.
Initially, Smith's go-kart was moving slower than the others. "Chloe complained that Go-Kart No. 11 was not moving very fast, despite the fact that Chloe had her foot depressing the accelerator all the way," the complaint states. Then, "suddenly and without warning" the kart accelerated rapidly and crashed head-on into a retaining wall.
Catastrophic Injuries and 'Submarining' Effect
The force of the collision was so violent that Smith's body was thrust forward, slamming her lower extremities into the steering column. She experienced a dangerous phenomenon known as "submarining", where a passenger slides out from beneath a loose seatbelt.
This turned what might have been a minor crash into a catastrophic event, leaving Smith with multiple pelvic and hip fractures and severe labial injuries. The lawsuit states these injuries have caused her "extreme pain and suffering" and required extensive medical treatment, which is expected to continue into the future.
Her parents, Ellen, 59, and Michael, 64—a retired U.S. Navy rear admiral who advised the chairman of the Joint Chiefs of Staff under Presidents George W. Bush and Obama—are acting as her co-guardians in the legal action.
Allegations of Negligence and Failure to Warn
The legal complaint argues that the accident was a foreseeable event due to the defective nature of the go-kart. It contends that park employees "knew or should have known" that the vehicle was unsafe for use.
Furthermore, the suit highlights several critical safety failures:
- No written waivers or safety disclosures were provided to sign.
- No signs with adequate operating instructions were posted.
- No warnings about potential dangers were displayed.
The family states they relied entirely on the amusement park employees to ensure their safety. The lawsuit names Five Star Parks and Attractions, along with its subsidiaries Fun Land Opco, LLC and The Track Intermediate Opco, LLC, as defendants. The allegations include negligence, failure to warn, and breach of implied warranty.
Executives at Five Star Parks & Attractions, which operates parks in 13 states and claims to "prioritize the well-being of every guest" on its website, did not respond to requests for comment.
