A 13-YEAR-OLD boy died after being flung from a fairground ride that lifted passengers 30 feet into the air, as a bombshell lawsuit claims numerous seats had missing safety restraints.

Workers allegedly knew some chairs were defective and relied on verbal warnings telling riders not to use them, but the teen was still placed in an unsafe seat, according to the suit.

Clayton Phillips, 13 was thrown from the spinning Yo-Yo ride at a temporary carnival in Butte, Montana

Clayton flung from a fairground ride that lifted passengers 30 feet into the air, according to the lawsuit

Clayton’s mother Ashley Hossack, is now seeking damages from Butte-Silver Bow, Midway West Amusements, Shady Acres Safety Services and its owner Dennis Sutherland

Clayton Phillips was thrown from the spinning Yo-Yo ride at a temporary carnival in Butte, Montana, on June 7.

He suffered devastating injuries and was airlifted to a hospital in Kalispell, where he died two weeks later on June 21.

Clayton Phillips’ mother Ashley Hossack, is seeking damages after a lawsuit claimed operators knew several seats had missing restraints and were simply telling riders not to use them.

Hossack filed a wrongful-death and negligence lawsuit alleging serious safety failures before the horror fall.

The suit claims at least 10 chairs on the Yo-Yo had problems, including missing restraint components that were “visible and readily discoverable.”

Despite the alleged defects, those seats were still attached to the ride on the day Clayton was hurt.

Midway West Amusements owner Michelle Jensen told law enforcement that operators had been verbally telling riders not to use the deficient chairs, according to the lawsuit.

Replacement parts had also been ordered, Jensen allegedly told investigators.

But the lawsuit claims improperly trained workers either put Clayton into a chair without the proper restraints or the restraint system failed to keep him secured.

The Yo-Yo is a swing-style attraction that raises riders about 30 feet off the ground while tilting at a 15-degree angle, according to the carnival company’s description cited by NBC Montana.

One teenager who rode it just a day before Clayton’s fall later claimed his own chair appeared to have a crucial piece missing.

Keaton Hislop, 14, told NBC Montana there was “no clip for the bar” designed to keep him in the seat.

He said he held onto both the bar and the swing itself during the ride because he was scared.

Hislop also claimed a worker appeared to simply look around the ride rather than helping passengers secure themselves before it started.

The following afternoon, another teen at the carnival recalled hearing a horrifying thud.

Dylan Lambson, 14, said he looked over to see Clayton on the ground after the fall.

“He hit the ground, bounced a little, and was rolling,” Lambson told NBC Montana.

The ride was immediately shut down as bystanders, including a first responder, rushed to help the badly injured boy.

Lambson questioned the safety measures he had seen around the carnival and claimed workers gathered behind the ride after Clayton fell.

The Yo-Yo remained in Butte after the rest of the traveling carnival moved on so officials could inspect it.

But the new civil case alleges warning signs should have been caught before Clayton ever climbed aboard.

Shady Acres Safety Services had inspected the Yo-Yo twice during the month before the incident, according to the lawsuit.

Its owner, Dennis Sutherland, signed off on the inspections without recording any significant problems, the suit alleges.

Clayton’s mother also sued Butte-Silver Bow and 20 unidentified people or entities allegedly connected to the ride’s inspection, maintenance or operation.

The county is accused of failing to put adequate procedures in place to check the attraction’s safety before allowing the carnival to operate outside the Butte Civic Center.

Butte-Silver Bow received 15 percent of the carnival’s gross revenue, according to the lawsuit.

The suit seeks punitive damages along with compensation for Clayton’s suffering, medical and emergency costs, funeral expenses and other losses.

No exact dollar figure has yet been set.

The civil action comes after prosecutors decided there was not enough evidence to bring criminal charges over the tragedy.

Butte-Silver Bow County Attorney Matt Enrooth said a month-long investigation included witness interviews, an inspection of the ride, aerial photographs and videos recorded on the day of the accident.

Investigators ultimately found no criminal culpability on the part of Midway West Amusements, Enrooth said.

Source: https://www.the-sun.com/news/16851266/montana-boy-killed-fairground-ride-plunges-30-ft-broken-seats/