ORLANDO, Fla. _ In a legal fight against a woman who says she suffered an electrical shock at Volcano Bay last summer, Universal argues it didn't know about the electrical problems so it had no duty to warn visitors, according to court documents.
Universal also blamed the woman, saying she hadn't used "reasonable care for her own safety," in the response filed last month to what appears to be the first lawsuit in Orange Circuit Court stemming from June 2 when several Universal lifeguards and visitors said they experienced electrical currents running up their bodies and the sensation of being zapped.
April Carlino, who visited the water park with her family, is suing for more than $15,000 after she says she was "electrocuted," a term that means injury or death via electric shock. Her complaint, which doesn't provide in-depth details of her injuries and what happened, was filed in mid-November.
Nobody was reported seriously injured, but the park shut down early that day. Universal later said the problems had been fixed.
The Occupational Safety and Health Administration, the federal agency that investigates workplace safety, later revealed the electrical problems stemmed from mistakes made during the water park's construction before it opened in May 2017. However, the federal agency declined to fine Universal, saying the theme park hadn't been aware of the issues.
OSHA released a redacted investigative report on Nov. 4, 2019, after a Sentinel records request.
Carlino's complaint was filed in court 15 days later.
Her attorney did not respond to messages left Friday and Monday. John Morgan, whose law firm is handling the case, also did not respond to a request for comment. Universal declined to comment Monday.
"The safety of our guests and team members is our most important priority. As this was happening, we acted quickly to understand the issue and worked to resolve it," Universal spokesman Tom Schroder said earlier in a previous statement. "This has been resolved and our park is safe."
The lawsuit, which doesn't state Carlino's age or where she lives, said Universal created a dangerous hazard for visitors. Other allegations said Universal improperly rendered aid to her after she was hurt, employees didn't properly inspect the park for problems and didn't follow company policies for handling dangerous conditions.
Universal responded to the lawsuit last month, denying most the claims and arguing it was Carlino who "was negligent in that she failed to use reasonable care for her own safety and such failure was the proximate cause of the subject incident," court documents said.
Universal also said it didn't know about the problems and "had no duty to take action to remedy the alleged condition." It also said Carlino's "knowledge of the alleged condition was greater than or equal to that of (Universal), and thus, (Universal) had no duty to warn (Carlino)."
Last year, April Carlino's sister talked with the Orlando Sentinel the day after the electrical problems occurred at the park. April Carlino didn't return a message for comment left through her sister for this story.
Sarah Carlino, of Boston, had said her family was on vacation and decided to visit Volcano Bay on that Sunday before they flew home later that night.
Her two sisters walking on the pavement near the lazy river suddenly felt a "zap," Sarah Carlino said in the June interview.
Their frustrations escalated by the way Universal employees responded when they reported what had happened, Sarah Carlino said, complaining that employees didn't act with urgency, the area wasn't immediately blocked off and the park stayed open for a few more hours.
"It was just terrible the way they handled it. (The employee) made it seem like an inconvenience and my sisters were lying," Sarah Carlino said. "It wasn't taken seriously."
