CRIME

Official: Zip lines not regulated by state inspectors

The Felton woman was standing on a platform at the outdoor zip-lining adventure course when she lost her footing and fell

Brittany Horn
The News Journal
  • The 59-year-old woman fell about 35 feet at the outdoor attraction Wednesday.
  • Police have identified her as Tina Werner, of Felton, and say she lost her footing on the fourth platform at Go Ape.
  • The outdoor zip-lining course takes about two to three hours to complete and takes patrons as high as 50 feet up.

Tina Werner died Wednesday completing her bucket list.

Tina Werner kisses daughter Melissa Slater. Werner died at Go Ape, an outdoor adventure course at Lums Pond State Park on Aug. 24, 2016.

The 59-year-old Felton woman was standing on the fourth platform at Go Ape, an outdoor zip-lining adventure course in Lums Pond State Park, when she fell about 35 feet to the ground below, Delaware State Police said Thursday.

Go Ape said in a statement Thursday that witnesses said Werner "unfortunately disconnected herself from the safety system" on the final platform of site four. The company stressed that she received proper training on how to remain attached to the safety system.

Police have not said whether Werner was properly attached to the high-ropes adventure course, made up of "a series of zip lines, Tarzan swings, rope ladders, bridges, swings, and trapezes," according to the company's website.

Go Ape pays the state 3% of its gross revenue or a minimum of $15,000 a year to operate the attraction. The company pays for all costs to operate the attraction. Park rangers patrol Lums Pond State Park, which includes the zip line course.

Based on the contract between DNREC and Go Ape, the attraction is not regulated by any state inspection procedures, including for safety, and can operate solely on yearly inspections performed by a third party chosen by the company. The contract does allow representatives from the state to conduct inspections if desired.

According to Delaware code, the state Fire Marshal's Office is required to inspect and approve any "mechanical device or devices that carry or convey passengers along, around or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure or excitement." This includes everything from coin-operated machines and amusement park rides to seesaws and playground swings.

Assistant State Fire Marshal Michael Chionchio said because the zip lines rely on gravity rather than electric or mechanical functions, they don't fall under the state's jurisdiction or inspection requirements.

A 10-year contract between DNREC and Go Ape indicates that the company is required to have a course construction and maintenance inspection once a year by an external course constructor, as well as complete a yearly review with OSHA and the operations director and an annual review with the operations director and the site manager.

There are also required daily checks of equipment and course maintenance by instructors and the site manager, according to the contract.

Go Ape spokesman Jeffrey A. Davis said the company has never had major injuries at any of its 15 locations.

"Any injuries that guests have experienced have been minor and treatable," he said.

Werner's daughter, Melissa Slater, posted a photo on Facebook Wednesday night of her mother kissing her cheek on her wedding day. She declined to comment further Thursday.

"Today, about 3 hours ago, I was told that my mother has died," she wrote. "Full of love and adventure, I am thankful to be her daughter. My mom died completing her bucket list, zip lining in Newark."

"During this time, I seek to understand God's purpose. I want to take this opportunity to remind you that we never know when we are no longer on this earth," she added.

She also asked for prayers for her family, writing that "this is truly the hardest situation that I have ever faced."

Werner was with relatives at the attraction, police said.

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Woman dies after 40-foot zip line fall at Lums Pond park

Tina's husband, Steve Werner, said completing the zip line was a dream of his wife's and that she was "doing well in checking things off of the list." His daughter broke the news to him about his wife's death, leaving him "crushed," he said.

“I describe her as having one of the biggest hearts in the world," Steve Werner said. "She would do anything for anyone. She’s going to be missed.”

The course, which takes about two to three hours to complete, spans 7 acres and has five zip lines, four of which travel over Lums Pond. The highest platform in the park, according to Go Ape, is 48 feet.

The attraction closed after Werner fell Wednesday and did not open Thursday. Go Ape officials have not announced plans for when it will reopen, Davis said. The company said in a statement that a full safety inspection has already occurred and the course, has been cleared.

"All of the course and associated safety equipment was and remains in sound operational condition," according to the statement. "Nothing was broken or unserviceable."

The company has multiple Go Ape sites throughout the country, including locations in Pittsburgh; Indianapolis; Rockville, Maryland; and Williamsburg, Virginia. Officials stressed that more than 6 million people have completed Go Ape courses safely.

Master Corporal Jeffrey R. Hale answers questions concerning the death after fall at Go Ape during a press conference at Troop 2.

Numerous medical units, including a state police helicopter, were called to the state park near Kirkwood after her fall. Before they arrived, employees and park rangers attempted to save Werner's life.

She was transported to Christiana Hospital, where she was pronounced dead. An autopsy will be performed by the Division of Forensic Science on Thursday. Results have not been released.

Adventure-seekers receive a 30-minute training session before they are turned loose in the forest canopy. Go Ape confirmed Tina Werner completed the safety training Wednesday.

Though instructors give safety briefings and training, the course is not staffed at every stop with employees, according to the website. It notes that instructors "are constantly patrolling the course to offer assistance and encouragement as needed."

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The company is slated to expand its offerings at Lums Pond on Sept. 3 to include a Treetop Junior Course, which would allow participants ages 6 to 12 the opportunity to complete more than 18 obstacles and two zip lines at heights of 20 feet above the ground. Go Ape said this system is designed so participants stay attached the entire time they are in the trees and become unhooked only when back on the ground.

The course was listed as the first of its kind in the Philadelphia and Wilmington area when it opened in summer 2013.

A closed sign on the window of Go Ape at Lums Pond which remains closed after the death of a Felton woman when she fell to her death last week.

Reporter Jerry Smith contributed to this story.

Contact Brittany Horn at (302) 324-2771 or bhorn@delawareonline.com. Follow her on Twitter at @brittanyhorn.

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