Adventure Park Insider Magazine—Mendoza, Argentina, March 7, 2024—In an unusual ruling, the Civil Justice of San Rafael, in Mendoza, Argentina, ruled in favor of a zip line rider who was injured when she extended her legs in the arrival zone and struck a zip line landing platform.
Typically, when this sort of incident occurs in North America, a zip line operator would argue that the rider was not following instructions to lift their legs and avoid contacting the edge of the landing deck. The operator in this case, the Saint Joseph Turismo Aventura company in San Rafael, Argentina, argued much the same.
However, the court ruled that zip line ride manufacturers and operators need to anticipate improper body position as part of their designs and operations, and that it’s not the rider’s fault that their legs are up, down, together, apart, etc.
The incident in question occurred on March 22, 2021. The woman suffered a double fracture of the tibia and fibula that required surgery and a lengthy recovery, and has left her with her mobility reduced by 25 percent, according to reports. The court awarded her 10.3 million Argentine pesos (US$12,178) as compensation.
In making this decision, the judge rejected the defense’s argument that the physical condition of the plaintiff and her body position were beyond the operator’s responsibility. Instead, the judge ruled that neither the physical condition of the victim, nor the fact of having stretched her legs as she approached the landing, are extraordinary circumstances or unrelated to the activity carried out by the adventure company, and that it was the operator’s responsibility to anticipate and accommodate these circumstances.
