On the same day that Six Flags Over Texas announced the reopening of the Texas Giant, the family of a Dallas woman killed in July in a fall from the roller coaster sued the amusement park, saying park operators were negligent in not having an adequate restraint system in place despite previous fatalities at other parks.

Rosa Esparza, 52, of Dallas was killed July 19 on her first visit to the amusement park in Arlington. The suit says Esparza was upside down in her seat and holding on for “dear life” before she was thrown to her death. The ride was immediately shut down.

In a late afternoon news release on Tuesday, Six Flags officials said the internal investigation into Esparza’s death found that mechanical failure was not involved and that the ride would reopen this weekend. The company said it has added “incremental and overlapping safety measures,” including re-designed restraint-bar pads from the manufacturer and new seat belts.

The Esparza family’s suit says Six Flags operators have known for decades the risks and extreme dangers posed by such rides, yet failed to make the rides safer until after a serious injury or death has occurred.