This is honestly the first time I hope Six Flags wins a court case. For once, it wasn't their fault that something went wrong. Well not for once, but they have a major history of maintenance done poorly/incorrectly/not done at all or Ride Operator error. This was none of them. Maybe they could have made the fence 12 feet high, electrified and a moat filled with alligators and the plague. But then when someone gets fried, bitten and plagued, someone would sue.
Heads will roll if this is not thrown out!