Posted Monday, December 8, 2003 10:27 AM | Contributed by Jeff
The California Supreme Court has agreed to rule on whether an amusement-park ride should be classified as a "common carrier" rather than as entertainment, which would put rides in the same classification as taxis and escalators, requiring "utmost care" rather than "reasonable care." The case comes as a result of a wrongful death suit for a 23-year old woman that died allegedly from brain hemorrhaging caused by Disneyland's Indiana Jones ride.
Read more from Time.
Even more ridiculous is the regulation that requires all common carriers to provide a sufficient number of vehicles to all passengers. Does that mean a park is violating state law if I have to wait for an hour for a roller coaster? (Magic Mountain might as well shut down now).
This is judicial activism at its worst. The law which was written in the early 1900s clearly didn’t contemplate roller coasters. Although the law doesn’t specifically exclude roller coasters and thrill rides, by using common sense and looking at the actual regulations, you can see that they were not intended for roller coasters and thrill rides. Hopefully California’s Supreme Court or Governor Arnie can see the light.
Anyway, coasters are already far safer than cabs.
Is it tragic that anyone dies? Yes it is, but is it negligence if that person died on a coaster or other amusement park ride if the ride is operating within normal parameters?
Take for example this patron. Had she died of an aneurism while driving down the road in her car (which would have close to the same G forces as on IJ) would the auto maker be liable? The fact of the matter is, she had an underlying medical condition. It is not the park's responsibility to put every visitor through a thorough medical examination before letting them on a particular attraction. Can you imagine the furor _that_ would cause???
I truly hope that the Supreme Court overturns the Apellate Courts' decision.
Magic Mountain must remove over shoulder restraints on Revolution
A carrier . . . . is bound to provide vehicles safe and fit for the purpose to which they are fit . . . . (Cal Civil Code 2101).
No More ERT Or Discount Tickets
A common carrier must not give preference in time, price, or otherwise to one person or another. (Cal Civil Code 2170).
But If Arnie or Bush Wants To Ride Space Mountain . . .
A common carrier must always give a preference in time, and may give a preference in price to the United States and to this State. (Cal Civil Code 2171).
A Departure Schedule For Goliath Will Be Available At The Information Booth
A common carrier must start at such time and place as he announces to the public. . . . (Cal Civil Code 2172).
Had Problems Bringing A Camera On- - Now Just Store It In Your Luggage
A common carrier must deliver every passenger’s luggage whether within the prescribed weight or not . . . . . Luggage may consist of whatever the passenger takes with him for his personal use and convenience . . . . (Cal Civil Code 2181 and 2183).
You With The Two Bicycles Get Off Of Batman . . .
No crate, cover, or other protection shall be required for any bicycle carried as luggage, but no passenger shall be entitled to carry as luggage more than one bicycle. (Cal Civil Code 2181).
Well I Guess X Will Have To Shut Down
A common carrier must provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time. (Cal Civil Code 2184).
How Does This Apply To Riddler’s Revenge?
A common carrier of persons must provide every passenger with a seat. (Cal Civil Code 2185)
Good God I Should Hope Not
A common carrier of persons . . . .[must not] deviate from his proper route. (Cal Civil Code 2104)
Six Flags Ride Ops Are In Trouble
A common carrier of persons . . .[must not] travel with any unreasonable delay. (Cal Civil Code 2104)
Hey Six Flags Op- Go Get me Some Water And I Don’t Want Any Lip
A carrier of persons must give to passengers all such accommodations as are usual and reasonable, and must treat them with civility and give them a reasonable degree of attention. (Cal Civil Code 2103)
*** This post was edited by mutly23 12/8/2003 6:53:18 PM ***
Seriously, high speeds, roughness, and tossing and turning is what makes rides fun, and that's the reason they exist. And, the last time I checked, rides in theme parks are NOT public transportation. They already have signs and audio recordings telling people with certain conditions not to ride. People should stop with the finger pointing and constant lawsuits.
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