Man says he was bullied into contest that went awry during a trip to the Sturgis Motorcycle Rally
DEADWOOD, S.D. – An Ohio man injured in a “belly flop contest” in the Black Hills is suing Harley-Davidson and Deadwood’s primary business industry association.
Zachary Hamilton, along with his wife, Chelsea, have filed suit against the iconic motorcycle company and the Deadwood Area Chamber of Commerce and Visitor’s Bureau, arguing they were responsible for promoting the pool stunt that led to Hamilton sustaining multiple bone fractures.
Hamilton was in Deadwood’s Outlaw Square on Aug. 11, 2022, for an event called the Deadwood Sportster Show. The show encouraged owners of Harley-Davidson Sportsters to display their customized bikes. Hamilton brought his custom Sportster to the show. His lawsuit notes that Hamilton has “proudly owned” three Harley Sportsters.
During the show, Hamilton became aware of a promoter who was using a microphone and moving among the crowd, urging volunteers to participate in the “belly flop contest.” The lawsuit accuses the promoter of being an employee of Harley, the Deadwood Chamber, or both. The contest was centered on contestants jumping from a Genie lift into an above-ground pool that had been set up in Outlaw Square. The promoter was also soliciting money from onlookers as a cash prize for the contest.
“On plaintiff’s information and belief, the money raised by the promoter from crowd solicitation influenced the height the promoter would raise contestants above the small pool,” the lawsuit says. “In other words, the more money the crowd contributed, the higher the promoter would raise contestants on the Genie lift for the crowd’s amusement and entertainment.”
Hamilton says he was not paying attention to the promotion until he was approached individually and goaded into participating. As he was hoisted by the Genie lift, the crowd cheered him on. Meanwhile, there were other people in the pool, reducing the size of his landing zone.
Hamilton claims he was “apprehensive” about following through on the jump, but he didn’t want to “chicken out.”
“Based on the environment defendants created, once he was convinced to participate, plaintiff felt he had to follow through and jump,” the lawsuit says.
After jumping, Hamilton hit either the bottom or side of the pool, his lawsuit says, knocking him unconscious. After being rescued, he was diagnosed with fractures to his orbital bones, skull and several vertebrae. He did not sign a waiver of liability to participate, and he asserts that he was sober when he jumped.
It’s unclear how high the Genie lift had been elevated when Hamilton jumped. Online videos of the event, which don’t include Hamilton’s jump, show it at a modest height, on par with a regular pool diving board. But according to the Genie company’s website, that particular model of lift used in the jump has a maximum height of 32 feet.
Hamilton alleges the event was used to promote Harley-Davidson motorcycles, giving the company a profit motive and liability. He also contends the Deadwood Chamber profited by renting Outlaw Square to the company.
Neither the company nor Dory Hanson, the Deadwood Chamber’s executive director, replied to requests for comment. Neither had filed a response to the suit filed in federal court in South Dakota.
Hamilton is suing for negligence, reckless and wanton conduct, and his wife is suing for loss of consortium. He is represented by Michael Loos of Loos, Sabers & Smith in Rapid City.
