A tragic incident at a carnival has left a community mourning the loss of a 13-year-old boy, who was thrown from a fairground ride and fell 30 feet. Reports suggest that safety concerns regarding the ride had been raised prior to the accident, raising questions about the measures taken to ensure rider safety.
Clayton Phillips was enjoying a day at a temporary carnival in Butte, Montana, when he was ejected from the Yo-Yo ride on June 7. After suffering severe injuries, he was airlifted to a hospital in Kalispell, where he tragically passed away two weeks later on June 21.
His mother, Ashley Hossack, has since filed a wrongful death lawsuit, alleging that the ride operators were aware of multiple seats lacking proper safety restraints. According to the lawsuit, at least ten seats on the Yo-Yo were reportedly defective, with missing components that were visible and easily identifiable.
Despite these known issues, it is claimed that Clayton was placed in an unsafe seat. The owner of Midway West Amusements, Michelle Jensen, reportedly informed authorities that staff had been verbally advising riders against using the faulty seats. However, the lawsuit argues that improperly trained personnel either secured Clayton in a seat without adequate restraints or that the restraint system failed to function properly.
The Yo-Yo ride, described as a swing-style attraction that elevates riders approximately 30 feet while tilting at a 15-degree angle, had raised alarms even before Clayton’s tragic fall. A 14-year-old boy who rode the attraction just a day earlier noted that his seat was missing a crucial clip designed to secure him. He expressed his fear during the ride, holding on tightly to both the bar and the swing itself.
Witnesses to the accident have also shared their harrowing experiences. Another teenager, Dylan Lambson, recalled the moment he heard a chilling thud and turned to see Clayton lying on the ground after the fall. Immediate assistance from bystanders, including a first responder, was rendered, but the damage had been done.
In the aftermath, the ride was taken out of operation for inspection while the rest of the carnival continued on. The lawsuit claims that warning signs about the ride’s safety should have been identified long before Clayton’s ride. Shady Acres Safety Services had inspected the Yo-Yo twice in the month leading up to the incident, yet no significant issues were reportedly documented.
Hossack’s lawsuit also names Butte-Silver Bow and several unidentified individuals connected to the ride’s inspection and maintenance. The county is accused of failing to implement sufficient safety procedures before allowing the carnival to operate at the Butte Civic Center, from which it reportedly received a share of the carnival’s earnings.
The lawsuit seeks compensation for Clayton’s suffering, medical expenses, funeral costs, and other losses, but no specific amount has been disclosed. This civil action follows a decision by prosecutors not to pursue criminal charges in connection with the tragedy, despite a thorough investigation that included witness interviews and ride inspections.
As the community grapples with this heartbreaking loss, many are left wondering what changes will be made to ensure the safety of carnival rides in the future.
