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by Heather M Eichenbaum Esq biomechanical engineering
Biomechanical engineering is the field of science that combines medicine and engineering. When a properly qualified biomechanical expert is retained by an amusement park, his or her analysis can be very persuasive and beneficial in defending the park in personal injury litigation. Biomechanical engineering can also be very helpful if you wish to be proactive in determining the potential risks associated with new rides in your park.
ABOVE: Angkor – new for 2014 BELOW LEFT: A map showing the proposed development area for BCN World, with the area in yellow showing the existing PortAventura site
destination resort in Europe where the family thinks to spend one or two weeks – because you have the PortAventura experience, the seaside, the great weather, and Barcelona is only one hour away. I am sorry for the French people, but you do not go to Disney for the weather.” Aldecoa and his team expect a further boost to business if the proposed BCN World (Barcelona World) casino and hotel development comes to fruition in 2017. As part of the plans, which could be approved this month, a “city of leisure and entertainment” called BCN Dream is proposed directly adjacent to PortAventura. “We have the option manage and invest in some of the themed family hotels,” reveals Aldecoa. “They are talking about bringing an additional 30 million visitors to the area; I think it is a little high, but we would be very happy to have half of it. In any case it is very positive for the Costa Dorada and PortAventura because it will bring a lot of additional, high- quality tourists to the area.”
Hotels are already an important part of PortAventura’s business model, contributing more than 30% of its revenues. As with the conference centre, they provide some useful winter income. This summer, guests staying at the resort overnight will have a new entertainment option on their doorstep with the arrival of Cirque du Soleil, which will present a seven-week run of its Kooza production. If well-received, the Canadian live entertainment giant could make PortAventura a permanent European home. But the big news for 2014 is Angkor: Adventure in the Lost Kingdom, an extensively-themed interactive boat ride from Mack (see page 34). Since 2010, PortAventura has invested over €125 million in new attractions and improvements including the SésamoAventura children’s area, Shambhala – Europe’s tallest rollercoaster – and an extension to the Costa Caribe waterpark. Arguably Ferrari Land is one of the most anticipated new projects. But first there is the 20th anniversary to celebrate in 2015.
portaventura.es MAY 2014 PortAventura CEO Fernando Aldecoa
Modern amusement rides push the boundaries of physics to elevate the passenger experience, with g-forces growing increasingly significant in the design of rides. The taller, the faster, the more extreme the ride, the more excited many park guests will be to ride it. With the expanding boundaries, however, come more claims of physical injury from guests contending that the g-forces on amusement rides caused them injury. The injuries alleged range from neck and back complaints to brain injury claims. A biomechanical engineer can most effectively refute the cause of such alleged injuries.
A biomechanical engineer will use various sensors and equipment, and often test dummies, to confirm and record the physical forces involved in riding an attraction. He will consider the basic characteristics of the scenario (such as patron weight, restraints, direction of travel, speed, any impact) and combine these underlying factors with his physical test results to form conclusions regarding the forces involved in the ride. With his medical knowledge, the biomechanical engineer then can extrapolate whether the determined forces were sufficient to cause the alleged injury. While perhaps most obvious with extreme rides such as rollercoasters, biomechanical testing can be just as useful in go-kart and bumper car collision cases. A biomechanical engineer can easily and objectively establish the g-forces involved in a collision and determine whether they are significant enough to result in the alleged injury. Their results can go far in defending your park from injury claims where a guest claims a significant injury that simply, and objectively, couldn’t have been caused by your ride or attraction.
When installing a new ride, consider retaining a biomechanical engineer to determine the maximum g-forces a passenger may experience. This will both demonstrate your concern for guest safety and may well also be useful in subsequent litigation if a patron claims injury. Once in litigation, a biomechanical engineering expert should be considered in all cases involving alleged significant injury as a result of g-forces or collision. Worldwide jurisdictions have varying requirements for the admissibility of expert testimony; particularly when it comes to biomechanical engineers. Typically, a biomechanical engineer must be both an engineer and a medical doctor to give admissible and, as importantly, persuasive, testimony. It is, therefore, recommended that parks consult legal counsel to ensure that the best qualified biomechanical engineer is retained and because, when the testing is done in conjunction with an attorney, the results are more likely to be protected under a privilege from disclosure in subsequent litigation unless your park chooses to disclose those results.
Heather M Eichenbaum is a member with Spector Gadon & Rosen, practising in Pennsylvania, New Jersey, Florida and New York. In addition to defending parks and other leisure facilities, she is often called to prepare waivers and releases, handle crises and provide crisis training management. Legal counsel to, and a board member of, NAARSO, she is also a member of the NJAA, IAAPA, OABA, and IISF. Should you need legal assistance, reach Heather at: +1 215-241- 8856, or
heichenbaum@lawsgr.com.
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