Esteban Parra

The News Journal

Tina Werner, 59, died last month at Go Ape zip line course at Lums Pond State Park.

She fell from the course and died.

An inspector determined that the fatal incident was caused by "operator error."

The independent certified inspector who reviewed the Go Ape zip line course a week after a 59-year-old Felton woman fell to her death, concluded that the fatal incident was caused by "operator error," meaning the victim, according to a report obtained by The News Journal.

Six days after Tina Werner fell 35 feet from a platform while at the Lums Pond State Park attraction, Michael R. Smith, an independent certified inspector, reviewed and investigated the Aug. 24 fall. His 10-page report, along with his eight-page professional profile, was submitted to the Delaware Department of Natural Resources and Environmental Control on Sept. 7 – a day before the agency announced the Sept. 9 reopening of the course on state park land.

The report, which redacted names of witnesses and instructors, found no fault with Go Ape's equipment nor its procedures. It did say a witness noticed Werner had disconnected from the zip line cable that participants are expected to remain attached to for the duration of the course.

"The root cause of her fall and subsequent injuries which resulted in death was operator error," Smith's report said. "These conclusions are further supported by [redacted], a participant on the course in close proximity to Mrs. Werner, who stated to Go Ape instructors that she saw that Mrs. Werner was not connected just before she fell."

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The News Journal filed a Freedom of Information request with DNREC earlier this month to obtain a copy of the inspection. The department provided a copy of the report, which detailed that Smith reviewed the course, the personal safety system, company policies and procedures, as well as participant training. Smith also inspected the personal safety equipment worn by Werner at the time of the incident, which was in the custody of Delaware State Police.

Smith said he found the equipment to be "in good working condition."

"There were no signs of damage or indications that the equipment may have malfunctioned or failed," he wrote. "My inspection of the course, life safety system, and signage in the area of the incident also revealed systems which were well-maintained and in good working order.

"These findings support the conclusion that Mrs. Werner was not attached at the time of her fall."

The state Division of Forensic Science ruled Werner's death accidental by way of blunt force trauma. State police have not completed their investigation.

Go Ape came under scrutiny after Werner's death because zip lines are not regulated by the state and not checked by the state Fire Marshal's Office, as is the case for amusement park rides and playground equipment. In his report, Smith said most states do not formally regulate challenge courses, zip lines nor aerial adventure parks.

"This is not to say that there are not standards or duties expected of course operators," Smith said, adding there are prevailing U.S. standards.

Contact Esteban Parra at (302) 324-2299, eparra@delawareonline.com or Twitter @eparra3.