Two people want money for "pain and suffering" after the cable on Top Thrill Dragster separated and sent bits into riders last summer.
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First of all, my comments are dealing with the general explosion of frivolous lawsuits filed all in the name of pain and suffering, mental anguish, etc. and not limited to McDonalds or Cedar Fair.
Second, anyone who thinks episodes of pain and suffering happen only in restaurants and amusement parks owned by "people of residence" should remove their heads from the hole in the ground or from their... There are any number of documented cases of people in the lower socio-economic strata who have caused pain and suffering-- assaults, arsons, uninsured drivers, drunken drivers, etc. I've never seen an attorney on TV saying how he's going to make that part time checkout clerk pay big time for his clients' suffering.
I'd be willing to bet that many a person has gotten burned from coffee/ coffee cups at any number of diners and greasy spoons across the country. You think those cups used at McDonalds were specially manufactured just for them and no other place on the planet used the same kind? But again, our society seems to judge guilt/responsiblity/innocence on the party's ability to pay, not actually how responsible they were for the incident. And of course, corporations, well they aren't real people, so it's not like that money actually comes from anywhere.
You're in for a very rude awakening if you think because you don't operate a business that "promotes itself on its safety" you could never be sued. Does it snow where you live? Better make sure you get every flake of snow and every ice crystal off of your sidewalk before someone falls. Ever have delivery people, utility workers, workmen, even trick-or-treaters come to your house? Make sure there's nothing out of place on which they could injure themselves. Have a dog? Make sure it never bites or even "acts in a way that could be construed as threatening" to someone. In society today, it's not even the intent that counts, it's how the alleged victim "perceived" the situation that determines guilt. There have even been cases where burglars have gotten injured inside a house they were robbing and turned around and sued the owner. Even if the cases got thrown out, those people still had the cost of defending themselves up to that point.
I'm not saying the CP incident should have been brushed aside. But the compensation sought by these people should have been equitable. Doesn't the golden rule apply to the plaintiffs too? They might find themselves on the other end of a lawsuit someday.
If these people settle with CP, I hope they are made to sign a document stating that they and their immediate families agree never to set foot upon property owned by Cedar Fair, upon penalty of trespassing. I also hope these "victims" along with their lawyers get enlightened as to what real pain and suffering is-- go visit the terminal wing of a children's hospital, an AIDS hospice, volunteer for the Red Cross and visit a disaster site.
I answered your points with my opinions and gave my reasoning. If that is being "a little sensitive", why don't you take a good look in the mirror.
If the park gave them any compensation for the injuries on the ride, such as the said given exit passes, and they accepted them in return for what happened, and at the time did not wish to persue further suit, Cedar Point / Fair should not be liable for a suit later on down the road, IMO.
Yes, you don't expect this to happen. And even with inspection of the cable you can not determine when or if its going to fray at a certain time, it depends on the situations. Maybe there was something that got into the cable trough and caused the breaking of numorous threads of the wire coiled cable, or maybe it was certain moisture conditions or wind. I am not saying the park should not be liable for the accident, but I do not believe there was a way to stop it, unless the cable was inspected after every launch, and that is not feasible.
As for the pain and suffering. If there was pain, how could you return and have a normal day at the park following that? If there was suffering, again, how can you continue on with your day. If there was pain, how could you not feel it during the ride? The suit, in my opinion, is a load of crap. $50,000 for something they didn't even realize or feel happening until after the ride was over with. It is like someone going to a park, cutting themselves on something at the park, and not realizing it happened until on the way home from the park, and then suing the park for the damages caused.
I don't feel that Cedar Fair should be liable for minor damages caused to money-hungry people, who sue for there benefit, and not to reclaim losses the endured. Maybe it's just me, but are some Americans getting pretty damn pathetic to sue over minor injuries, such as this, for money that is rediculously higher than needed. I give them $10, for the cost of Band-Aids they probably needed once they left the park.
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