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DENVER (KDVR) — An attorney representing the family of Wongel Estifanos tells FOX31’s Evan Kruegel they’re planning to file a lawsuit against the adventure park next week. 

Six-year-old Wongel Estifanos was killed on Sept. 5 on a ride at the park. 

A report released Friday detailed multiple errors by park operators.

“Riders are not able to themselves on this particular ride, it has to be done by the park, and the park failed to secure her,” says Attorney Dan Caplis. 

Caplis does not believe a waiver signed by park guests before entering will infringe on the lawsuit, despite that waiver including language giving up rights to potential lawsuits.

“Our position is that the waiver won’t be an issue here because in Colorado, you can not waive recklessness, and the report, we believe, establishes that this was recklessness,” he says. “The family’s obsession here is to make sure that nobody else ever goes through this hell, to do everything they can now to get the full truth on the table, to send a message to this park and the industry so that nobody ever suffers this again.”

This is a developing story and will be updated.