NY Six Flags Sued Over Norovirus Outbreak

A New York Six Flags is being sued over a 2008 norovirus outbreak that afflicted many of its customers. Six Flags Great Escape Lodge & Indoor Waterpark was the site of more than 600 cases of gastrointestinal illness.

The outbreak was documented by New York's Department of Health. The sickness was supposedly linked to contaminated food and pool water.

The class action suit has been filed on behalf of more than 100 plaintiffs. Those infected suffered bouts of illness. Symptoms included vomiting and diarrhea.

The plaintiffs allege that the amusement park company did not properly clean and maintain sanitary conditions, reports The Post-Star. They also claim that the park didn't take steps to properly warn guests when the outbreak started. The park continued to charge admission even when floors of guests in the hotel were ill.

Six Flags Great Escape made changes after the norovirus outbreak. It temporarily closed two of their restaurants. Hand sanitizers were installed. More rigorous sanitary procedures were also implemented.

It's likely the plaintiffs allege the park was negligent. In order to prove their case they will have to show that the park breached its duty of care to their guests. And that the breach of duty was the cause of the plaintiffs' injuries.

The park could have breached its duty if they did not maintain safe premises for guests. For example, if management did not implement proper procedures when preparing food or cleaning the pool water.

However, the park's actions must have either caused or contributed in some way to the norovirus outbreak. Six Flags is being sued in state court in New York, according to The Post-Star. A judge has ruled that anyone infected with norovirus while visiting the park during the outbreak can become a party to the litigation.

Related Resources:

• Lawsuit filed over '08 outbreak at NY water park (AP)
• Elements of a Negligence Case (FindLaw)
• Theme-Park Suits Rarely See Courtrooms (FindLaw's Injured)
• Pa. Boy Dies in Amusement Park Pool (FindLaw's Injured)