Judge Dismisses Lawsuit Against SeaWorld Over Bird Strike on Roller Coaster

A lawsuit against SeaWorld alleging unsafe conditions after a woman said she was struck by a bird while riding a roller coaster has been dismissed by a Florida judge.

The case stems from an incident in March 2025, when Hillary Martin claims she was hit in the face by a duck while riding the Mako roller coaster at SeaWorld Orlando, causing her to lose consciousness. Martin later filed a complaint on October 27, 2025, arguing that SeaWorld failed to keep its premises in a “reasonably safe condition” and did not warn guests about the potentially dangerous conditions within the park.

SeaWorld moved to dismiss the lawsuit, disputing Martin’s account and stating that she was struck not by a duck, but by a migratory Snowy Egret. In a motion filed November 19, 2025, SeaWorld argued it could not be held legally responsible for the actions of a wild animal. SeaWorld also stated that Martin declined medical transport at the time of the incident because she wanted to continue her visit at the park and did not seek medical treatment until the following day.

On January 6, 2026, an Orange County Circuit Court judge granted SeaWorld’s motion to dismiss. In the ruling, the court cited the 1986 case Palumbo v. State Game & Fresh Water Fish Commission, which involved a negligence claim after a visitor was attacked by an alligator at a recreational park. Under that precedent, a plaintiff must show that the defendant, in this case SeaWorld, either owned the animal or introduced it onto the property.

Because the bird was considered a wild animal under the doctrine of wild animal conduct, the court ruled that the zone of risk theory must comply with Palumbo.

Martin has 20 days to file an amended complaint if she chooses to continue pursuing the case.