SeaWorld Orlando is pushing back against a lawsuit filed by a guest who claims she suffered permanent injury after being struck by a bird while riding one of the park’s roller coasters. New legal filings argue that the company should not be held responsible for the incident, as the guest misidentified the type of bird that struck her during the ride.
Guest Claims Serious Injuries From March Roller Coaster Incident
Hillary Martin filed a lawsuit in October related to an incident that she says occurred on March 24, 2025. According to her complaint, she was riding the Mako roller coaster when she was hit by what she believed was a duck. Her attorneys state that the impact left her unconscious and “disfigured,” resulting in ongoing mental and physical pain.
Martin is seeking $50,000 in damages. Her legal team argues that SeaWorld Orlando “either knew or should have known” that a collision with a bird was possible due to the ride’s proximity to water and that the Central Florida theme park failed to keep guests reasonably safe.
In its original response, SeaWorld wrote:
“The safety of our guests and employees is a top priority, and we take these situations seriously. We will not be commenting beyond that as this is pending litigation.”
SeaWorld Orlando Challenges Details of the Incident
The company now argues that it cannot be held liable for the behavior of wildlife and says the guest was not struck by a duck at all. According to SeaWorld, the bird involved was a migratory snowy egret, and the difference matters because the park contends that the incident is the kind of unpredictable wildlife encounter for which it bears no legal responsibility.
SeaWorld also claims that Martin declined medical transport after the incident, choosing instead to continue her day in the park. The filing states that she waited until the following day, March 25, to seek medical care.
Martin’s attorneys assert that the coaster’s location near a body of water created an inherent risk. SeaWorld disputes that interpretation, arguing in the filing that the event could have happened anywhere and that the presence of water does not automatically translate into legal liability. The company writes:
“Martin’s event, by its own description, could have occurred regardless of the presence of any body of water within the park and it still would not have been Sea World’s legal responsibility.”
The case is scheduled for a hearing in Orange County court on December 8. Neither Martin nor SeaWorld Orlando has released any public statements regarding the recent motion to dismiss, and the Mako roller coaster remains in operation.
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