Cedar Point guest says cellphone struck his head while on rollercoaster

The title pretty much says it all. I have to wonder if this will result in yet tighter restrictions on rides at the Cedar Fair parks.
https://www.cleveland19.com...concussed/

https://www.usatoday.com/st...461351007/

The expanded 2024 Terms and Conditions definitely seem to be a response to things like this

Can you give me the Cliff Notes' version of the Cliff Notes' version of that?

I have to wonder if more rides that are being developed will have lockers and metal detectors. For example, the "new" top thrill dragster, or maybe a modification to Maverick for next year?

This is interesting:

Release of Liability: IN CONSIDERATION OF THE ABOVE AND BEING ALLOWED TO VISIT AND USE CEDAR FAIR PREMISES AND CEDAR FAIR ATTRACTIONS, THE PASSHOLDER OR TICKET HOLDER EXPLICITLY AGREES NOT TO SUE AND RELEASES FROM ANY AND ALL LIABILITY, CEDAR FAIR STAFF, IF PASSHOLDER OR TICKET HOLDER OR ANY MEMBER OF PASSHOLDER’S OR TICKET HOLDER’S FAMILY SUFFERS BODILY INJURY AND/OR SEVERE INJURY AND/OR DEATH OR LOSS IN ANY WAY WHILE USING ANY OF THE CEDAR FAIR PREMISES OR ATTRACTIONS OR WHILE BEING PRESENT AT THE PREMISES, EVEN IF PASSHOLDER OR TICKET HOLDER CONTENDS THAT SUCH INJURIES ARE THE RESULT OF NEGLIGENCE ON THE PART OF CEDAR FAIR OR CEDAR FAIR STAFF.

Dispute Resolution: ANY DISPUTE BETWEEN YOU OR ANY OTHER PASSHOLDER OR TICKET HOLDER AND CEDAR FAIR OR CEDAR FAIR STAFF ARISING UNDER, OUT OF, IN CONNECTION WITH, OR IN RELATION TO THIS AGREEMENT MUST BE SUBMITTED TO BINDING ARBITRATION UNDER THE AUTHORITY OF THE FEDERAL ARBITRATION ACT.

...

Waiver of Jury Trial: YOU (FOR YOURSELF, MINOR CHILDREN FOR WHOM YOU ARE SUPERVISING, AND EACH OTHER SEASON PASSHOLDER OR TICKET HOLDER) AND CEDAR FAIR IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL.

Caps in original.

I'm no lawyer, but that seems really shady... I mean, how is that legal? I feel like you can't just say "we are off the hook no matter what" and that be OK.

If you are a guest within their property, following all rules and you get injured/killed due to direct negligence from CF in some way... You and/or your family are just out of luck if there was a need for legal intervention?

I don't think that's enforceable. Agreeing to a contract has to be more explicit than just buying the product. You'll see things about arbitration all the time in contacts, and there's typically an opt-out opportunity (which might be required by law in some states, I don't know).

Ticket disclaimers like that are pretty standard at any entertainment facility, but like Jeff said, they're not worth the paper they're printed on.

If liability waivers are not worth the paper on which they're printed, then why do so many businesses make their customers take the time to fill them out? I'm not a lawyer, but my understanding is that liability waivers can shield the business from claims of negligence but not gross negligence.

Filling one out and signing it is not the same as being granted access to a place and having it printed somewhere as if to implicitly assume you agreed to it.

Peeps want their phones in line and should have them. Can’t trust pockets. Honestly rides with small pouches around each seat to put them in (and can be checked) is the answer IMO

They never hurt one’s case with negligence but also don’t often help

I wonder why the parks didn't install loose article pouches on more rides. I mean, it's a great idea. It should have been done on every major attraction, in my opinion. What made the parks decide it wasn't a great idea? Did it take too long for riders to put their stuff into it? Did too many riders forget, and leave their stuff behind? Too difficult to maintain? Did it imply that the park was responsible that the pouches were in working order? Did it take away too much locker revenue?

It seems like an inexpensive addition with a major advantage.

Pouches on coasters at the Orlando theme parks work just fine so I don't know why more parks don't participate.

Yeah, but you can also take suitcases on some of the coasters in Orlando, so maybe they're working with different starting points.