AUBURN – Public safety officials are investigating the circumstances surrounding a new amusement ride that seriously injured a newspaper reporter Thursday at Lost Valley Ski Resort and prompted charges of fraud from the makers of the original device.

The state also says the promoter of the device was operating without a permit.

“There may be punitive action,” said Detective Chris Stanford, an investigator from the State Fire Marshal’s Office. He and Inspector Jonathan Klages were reconstructing the accident at the ski resort Friday. “We have to take into account the whole picture.”

Sun Journal reporter Rebekah Metzler was injured Thursday when she tumbled in a cushioned sphere – called a Zorb – down a 640-foot hill during a media event advancing the new attraction. Metzler fractured her back and bruised a kidney when the sphere struck a hay-encased post, bounced off course and landed hard.

The operators of the ride and those at Lost Valley said they were unaware that they needed a permit and safety inspection from the state before they could offer the rides to the public.

“The sport is very new,” said Kevin Kozak, whose company, Zorb New England, planned to offer rides at Lost Valley beginning this weekend. “I never had any inclination to contact the fire marshal.”

Diane Moreau, vice president at Lost Valley, said the ski resort takes great care in making sure it’s up to date on all licenses, permits and other regulations required by the state. The community ski resort owners planned to offer the sphere rides to expand their recreational offerings off season.

“This just blows me away,” said Moreau when Stanford informed her of the requirements.

She also said she believed Kozak and his partners were legitimate Zorb operators when they approached her about offering rides in Maine.

“They did provide us documents that assured us they were affiliated with Zorb and that it was expanding in the area,” she said. She said Zorb New England had contacted other ski resorts such as Sugarbush and Cranmore to offer rides at those locations. The details of the contract between Zorb New England and Lost Valley were still being worked out, but part of the plan was to split the $20 ticket prices 50/50, Moreau said.

“You know, we were torn about being the first ones in this area,” said Moreau about hosting the new attraction. “We’ll be notifying our attorneys.”

Nobody said ‘no’

Sosia Zerboni, group capital projects manager for Zorb Ltd. corporate headquarters in New Zealand, said there is only one official site in the U.S.: Zorb Smoky Mountains in Pigeon Forge, Tenn. She’s there this summer to scout new U.S. locations.

Zerboni said her company found out about Zorb New England last week and had already asked their lawyers to go after the group.

But Jeremy Coito, co-manager of Zorb New England, said the Danville, N.H.-based company has the legal rights to use “Zorb” in its name. The company opened in February to promote the sport of zorbing, which Coito called the safest extreme sport. He said Zorb New England approaches recreational resorts, offering to set up and operate the sphere rides so people can try them at a reasonable price. He said it’s the responsibility of the host venue to secure all appropriate operating permits.

Klages, the state inspector, said an application should have been filed for a permit. Then an inspector would have surveyed the course, inspected the spheres and researched the safety history of the ride. Since there are no other Zorbs or Zorb-type operations in Maine, it likely would have taken longer than usual to issue a permit, he said.

“I’ve never seen this before,” said Klages, as he examined the sphere and the harness inside it that held Metzler.

Coito said the accident never should have happened. The course was built by Lost Valley employees and should have been tested by Zorb New England employees, he said. But Lost Valley staff felt pressured to honor their invitations to the press, he said.

“It should have been our employees to go first,” said Coito, who said he didn’t know who had the authority to approve the initial runs. “Nobody stepped up and said ‘no.'”

Zorbs in demand

Zorbs have been gaining recognition outside New Zealand in the past few years, fueled by segments on shows such as “Amazing Race” and “The Today Show.” Zorb Ltd.’s Zerboni said the name has gotten around and demand from would-be franchisees has soared.

“Every day, we have 50 to 100 e-mails, people inquiring,” Zerboni said. “There’s a lot of crazy people out there. (One asked), ‘Can I buy a Zorb? I want to jump out a building.’ Uh, no.”

Kozak, who arrived at Lost Valley about 1 p.m. Friday, said no one had been seriously injured in a sphere. He said he personally strapped Metzler in the sphere Thursday and asked her repeatedly after her ride if she was OK.

He said he felt bad that she’d been hurt.

Moreau echoed his sentiments, expressing concern for the reporter. Stanford said that was the whole point of the public safety process.

“You’d hate to open this up and have the same thing happen, or God forbid, even worse,” he said.