Background
Michael Kalos, employed by a subcontractor, was assigned to conduct a visual inspection of the Windseeker ride at a Carowinds amusement park. During the inspection, Kalos touched the moving wire rope with his gloved hand as instructed by his employer, resulting in his hand being pulled into the ride’s pulley system. Kalos sued the park operators and mechanics for negligence, alleging a breach of duty and failure to warn. The district court granted summary judgment for the defendants, finding no duty existed and that the injuries were not proximately caused by the defendants.
The court’s reasoning
The Fourth Circuit reviewed the case de novo and affirmed the district court’s judgment. The court agreed that under South Carolina law, the defendants owed no legally recognized duty to Kalos to eliminate hazardous conditions or warn of hidden dangers in this context. The court noted that the defendants contracted for a visual inspection only, and Kalos’s decision to touch the moving rope fell outside the scope of that agreement. Furthermore, the court found that the defendants were unaware the inspection would entail touching the rope. Regarding proximate cause, the court agreed that Kalos failed to present evidence showing that alleged failures to follow safety protocols or warnings would have prevented his injuries, given his own improper training and actions.
we are of opinion that the defendants owed no legally recognized duty to Kalos under South Carolina law, such that they are entitled to an award of judgment as a matter of law thereon.
Kalos v. Cedar Fair Sw., Inc., No. 25-1437 (4th Cir. June 23, 2026)
What it means going forward
The decision reinforces that amusement park operators may not owe a duty of care to independent contractors who deviate from the scope of a visual inspection by engaging in physical contact with moving machinery.