Shylah Rodden’s family may sue over Show injuries, but claim for another accident has been lodged

The family of the Melbourne woman hit by a roller coaster has launched legal action over an earlier traffic accident, and is investigating suing the Show.

The family of Shylah Rodden, the woman fighting for her life after being hit by a roller coaster carriage at the Melbourne Royal Show, is investigating possible legal action.

And in a twist, a writ in Ms Rodden’s name was filed in the Victorian County Court on Friday for damages the 26-year-old is seeking over injuries she sustained in a motor vehicle accident four years ago.

On September 25, Ms Rodden was standing on tracks of the Rebel Coaster ride at the Royal Show and was hit by a carriage travelling at an estimated 70kmh. The impact threw her 9m into the air and she suffered a number of injures, including to her brain, arms, pelvis, legs, back and neck.

She had allegedly stepped on to the tracks to retrieve her mobile phone.

Shylah Rodden was hit by a roller coaster carriage.

Ms Rodden is fighting for life in hospital.

Ms Rodden is being treated at Royal Melbourne Hospital where she is listed as in a critical condition.

Arnold Thomas and Becker practice manager Aki Munir said Ms Rodden’s family had not ruled out taking legal action against the Show and the ride’s operators.

“We are investigating issuing proceedings against the Melbourne Show and the ride operator. It will be an action in negligence,” Ms Munir said.

Arnold Thomas and Becker is also representing Ms Rodden in the separate civil action.

“The plaintiff claims damages for injuries suffered by her in a transport accident as a result of the negligence of the defendant, on or about 29 January, 2018,” the indorsement of claim reads.

Ms Rodden’s family has not ruled out taking action against the Show and the operators of the Rebel Coaster ride. Picture: Brendan Beckett

Ms Munir said: “It (the action) involves a transport accident and she sustained some significant injuries in that accident.

“The purpose of filing the writ is to preserve her entitlements, should anything happen to her.”

Ms Munir said the Rodden family was distressed by how Shylah had been described in media reports, after her accident.

“We want to make comment on behalf of the family to say they are quite disappointed in the way that their daughter has been represented by the media and the way she has been portrayed,” Ms Munir said.

WorkSafe ­inspectors gave the Show’s management and the ride’s ­operators the go-ahead to reopen the popular Rebel Coaster ride on September 27.

The ride accident occurred just two months after the death of Ms Rodden’s elder brother, Jason, in July.

“He wasn’t just my big brother, he was my best friend, my everything, the person I looked up to and inspired to be like,” she posted on Facebook on July 27.