Huge development after rollercoaster victim Shylah Rodden was left with life changing injuries when she tried to retrieve her phone from the tracks

A young woman who was struck by a fast-moving rollercoaster and fell nine meters is suing the operator after WorkSafe dismissed charges against her.

Shylah Rodden, 29, has initiated legal proceedings against Chant Amusements Pty Ltd through her mother and legal guardian, Kylie Rodden, following the incident at the 2022 Royal Melbourne Show.

Despite a WorkSafe investigation earlier this year clearing Chant Amusements of responsibility for the incident, Ms Rodden’s legal representative claims it failed to properly prevent people from entering the rollercoaster track.

Ms Rodden suffered life-changing injuries on September 25, 2022, after entering the rollercoaster track via the arrival platform to retrieve her mobile phone, which she had dropped during the ride.

She is seeking damages to cover loss of income during her lifetime based on alleged negligence and breach of duty of care.

On December 20, a summons and statement of claim were filed in the County Court of Victoria Herald Sun reported.

Ms. Rodden will be represented by Arnold Thomas & Becker attorney Sharlene Mehta, who also handled her cases with WorkSafe.

The authority’s investigation in August found Ms Rodden was partly responsible for the incident, an internal source told Daily Mail Australia.

Mrs Rodden (pictured in black on the rollercoaster track, moments before impact) suffered life-changing injuries from the crash

Ride operators allegedly told Ms Rodden the ride would be stopped so she could collect her phone, but she would have to wait 30 minutes.

The investigation showed that the operators have taken all precautions to ensure the safety of show visitors.

‘They all did that. They followed their systems, they followed the processes that they put in place,” the source said.

‘The workers followed their training there as they were instructed and that is where the obligations lie.

“That’s where any charges the authority might impose would be and have nothing to do with the decisions one person made to circumvent the systems and processes put in place by the (operator).”

The ride’s operator was already familiar with these processes, given the number of items routinely dropped from the ride, the source said.

This system does not ensure that the journey is stopped every time a customer warns the driver.

“With a roller coaster, things like that happen all the time,” they added.

A WorkSafe investigation earlier this year concluded that Ms Rodden (pictured recently) was largely responsible for the crash

Despite her horrific injuries, Mrs Rodden (pictured in hospital) can walk and talk again

“Stuff literally falls out of people’s pockets every time the ride goes around, so they have a system in place to make sure people can get it back if something goes down.

“They keep the ride going because they can’t stop it every time, otherwise they would be doing it all day.

“They have set times when they can close things down and let people pick up their things.”

However, WorkSafe’s investigation was questioned by lawyer Mehta, who claimed Ms Shodden and her family were not properly consulted during the trial.

The newly filed court document outlined Ms Rodden’s long list of life-changing injuries as a result of the collision.

These included skull fractures, cerebral hemorrhages, injuries to the left carotid and right vertebral arteries, abdominal injuries, damage to the liver and small intestine, fractures to the thoracic spine, a broken right wrist, a broken left arm, pelvic fractures, a broken right ankle, broken left hand , a hemorrhage in the right eye, chest injuries, multiple broken ribs and psychological injuries.

Yet she overcame all odds and managed to regain her ability to walk and talk.

Ms Rodden’s (pictured) claim for legal representation Chant Amusements did little to stop people from hitting the roller coaster track

Among the allegations against Chant Amusements, Ms Rodden’s legal team claims that it did not have enough staff on the arrival platform, that it lacked an adequate system for one-way access to the platform, did not have sufficient fencing to prevent access to the track area and that it failed to properly instruct passengers to remove valuables before boarding.

Mrs Rodden was unemployed at the time of the incident but was studying for a Certificate IV in Alcohol and Other Drugs.

It is understood she is now studying for a Certificate IV in Community Services but has a reduced work capacity which is ‘likely to continue indefinitely’.

“The plaintiff claims loss of income to date and up to retirement age,” according to court documents.

Daily Mail Australia has contacted Chant Amusements, Arnold Thomas & Becker and Kylie Rodden for comment.