Rollercoaster victim Shylah Rodden launches legal action two years after tragedy

Melbourne woman Shylah Rodden, who was struck by a rollercoaster and left fighting for life, has launched legal action two years after the incident.

The young woman hit by a rollercoaster train at the Royal Melbourne Show in 2022 after climbing on to the tracks to retrieve her mobile phone, has launched legal action against the company that ran the ride.

Shylah Rodden, 29, via her litigation guardian Kylie Rodden, is suing Chant Amusements Pty Ltd alleging negligence and breach of duty of care and is seeking damages to cover loss of earnings over her lifetime.

A writ and statement of claim were lodged with the County Court of Victoria on December 20. Ms Rodden is represented by Arnold Thomas and Becker.

In the statement of claim, it is alleged the ride operator breached its duty of care to Ms Rodden. Picture: Supplied

Ms Rodden sustained life-changing injuries after a train on the Rebel Coaster ride collided with her on September 25, 2022 after she got onto the rollercoaster track from the arrival platform while the ride was running to find her mobile phone.

She had earlier dropped her phone while she was a passenger on the ride and had alerted staff. She left the ride enclosure, but then later returned and tried to retrieve the phone herself.

When one of the ride’s train carts collided with her, Ms Rodden was carried up the rollercoaster and as the train made a sharp turn she fell from a height of about nine metres.

Ms Rodden’s injuries are listed in the court document and include fractures to the skull, brain haemorrhage, injuries to the left carotid and right vertebral arteries, abdominal injuries, damage to the liver and small bowel, fractures to the thoracic (area from the neck to the bottom of the ribs cage) spine, a broken right wrist, a broken left arm, pelvic fractures, a broken right ankle, broken left hand, a right eye haemorrhage, chest injuries, multiple fractured ribs and psychological injury.

Ms Rodden was carried up the rollercoaster and as the train made a sharp turn she fell from a height of about nine metres. Picture: Supplied

In the statement of claim, it is alleged the ride operator breached its duty of care to Ms Rodden and was negligent by, among other things, not having sufficient staff on the arrival platform, not having an adequate system in place that would allow only one-way access to the arrival platform, failing to have adequate fencing to prevent unauthorised access to the track area of the ride, not properly instructing patrons to remove valuables before using the ride and checking that they had done so, and failing to stop her from entering the track area while the ride was in operation.

It is also claimed the company breached its statutory duty.

Arnold Thomas & Becker lawyer Sharlene Mehta, who is representing Ms Rodden’s family, said that proceedings have commenced against the ride operators and that the claim is for damages suffered by her as a result of the incident.

At the time of the incident Ms Rodden was studying for a Certificate IV in Alcohol and Other Drugs and was unemployed.

She is studying for a Certificate IV in Community Services.

“As a result of the injuries sustained in the incident the Plaintiff has no current work capacity, which incapacity is likely to continue indefinitely,” the statement of claim read.

“The Plaintiff claims loss of earnings to date and to retirement age.”

A WorkSafe investigation into the incident concluded in July 2024 with no action taken against the ride operator.

A WorkSafe spokesman said in a statement at the time: “After careful consideration of the evidence, WorkSafe has determined not to take further action against any duty holder on this matter at this time.”

Originally published as Rollercoaster victim Shylah Rodden launches legal action two years after tragedy