Lawsuit: SeaWorld trainer's death traumatized boy

ORLANDO, Fla. (AP) - A New Hampshire couple who witnessed a whale kill a trainer at SeaWorld is suing the Orlando theme park, saying their 10-year-old son suffered emotional distress from what he saw.   Suzanne and Todd Connell's lawsuit, filed Tuesday, seeks unspecified damages and came a day after the federal job safety agency fined SeaWorld Orlando $75,000 for three violations uncovered during an investigation into Dawn Brancheau's death.

The killer whale named Tilikium in February grabbed Brancheau's long hair as she lay on a cement slab and dragged her into the pool. The cause of death was drowning and traumatic injuries. 

SeaWorld spokesman Fred Jacobs said in an e-mail that he couldn't comment on a pending lawsuit.  "We are in the process of a thorough review of our killer whale program right now and will make any changes that we feel will improve the safety of our staff and guests," Jacobs said.

The lawsuit from the Somersworth family describes the scene as workers tried to rescue Brancheau from Tilikum's mouth.   "There seemed to be no plan as to what to do to save Dawn," the lawsuit said. "The SeaWorld employees were acting in an unorganized and chaotic manner."

SeaWorld fined in trainer death

The U.S. Occupational Safety and Health Administration on Monday issued citations and levied a $75,000 fine on SeaWorld Orlando due to the death of a trainer earlier this year.  Dawn Brancheau, 40, was killed in February after a killer whale pulled her into a tank at the park.

OSHA on Monday took over the investigation, citing that SeaWorld Orlando did not furnish an environment, "free from recognized hazards that were causing, or likely to cause, death or serious physical harm to employees."

Documents: Read the SeaWorld Citations

In total, there were three safety violations, including one classified as "willful." The willful citation was for exposing its employees to hazards when interacting with killer whales; OSHA defines a willful violation as one committed with plain indifference to, or intentional disregard for, employee safety and health.

The OSHA report described Tilikum as having "known aggressive tendencies." The six-ton whale was one of three orcas blamed for killing a trainer in 1991 after the woman lost her balance and fell in the pool at Sealand of the Pacific near Victoria, British Columbia. Tilikum also was also involved in a 1999 death, when the body of a man who had sneaked by SeaWorld Orlando security was found draped over him.

Sea World trainers were forbidden from getting in the water with Tilikum because of the previous deaths. But the killer whale still managed to grab Brancheau's long hair as she laid on her stomach on a cement clab in three inches of water. The cause of death was drowning and traumatic injuries

"SeaWorld recognized the inherent risk of allowing trainers to interact with potentially dangerous animals," said Cindy Coe, OSHA's regional administrator in Atlanta, Ga. "Nonetheless, it required its employees to work within the pool walls, on ledges and on shelves where they were subject to dangerous behavior by the animals."

Complete Coverage: SeaWorld Trainer Killed>>>

A serious citation was issued for exposing employees to a fall hazard by failing to install a stairway railing system on the front side, left bridge of the "Believe" stage in Shamu Stadium. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

Among the many recommendations made by OSHA one of the most severe would be to prohibit trainers from entering the water with any killer whale unless the trainers are protected `through the use of physical barriers, of through the use of decking systems, oxygen supply systems or other engineering or administrative controls.’

"All employers are obligated to assess potential risks to the safety and health of their employees and take actions to mitigate those risks," said Les Grove, OSHA's area director in Tampa, Fla. "In facilities that house wild animals, employers need to assess the animals under their care and to minimize human-animal interaction if there is no safe way to reliably predict animal behavior under all conditions."

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SeaWorld officials responded by disagreeing with what it calls "unfounded allegations" and has already informed OSHA that they will contest the citations.

"The safety of our guests and employees and the welfare of our animals are core values for SeaWorld and areas in which we do not compromise," read a statement released to FOX 35 by Becca Bides, Director of Public Affairs SeaWorld Parks & Entertainment.

"The tragic accident on February 24, 2010 inspired an internal review of our whale program that has been unprecedented in scope. The findings of that review have been presented to an independent committee made up of some of the world's most respected marine mammal experts.