Could a park be sued for this?

I’m not saying that the ride op isn't equally moronic but I just don't see why at any point anyone would have there restraint down with their arm under it. Also, how could she not see the ride op about to push down on her restraint. Sure the ride op may have came from behind but she still would have time to say *something*. It's just, unless she was trying to hide her arm (so she wouldn't get stapled) I don't see how the ride op could have not seen her arm - or how she would just let the ride op pound on the restraint to crush her arms like that.

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The Other Siebert

I really don't think we have enough facts from the story to make and judgement on who's fault it was, if anyones.

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.:| Brandon Rodriguez |:.
http://www.coasters2k.com

All of us here get frustrated when ride-ops take too long to get a train moving, but people are saying the ride-op should have paid more attention. When ride-ops run down the line putting down the lap-bars, they do it as fast as possible and without looking at every person, if they did, it would take forever to dispatch a train. The op probably wasn't looking to see if this certain girl's arm was under the bar, he was just doing his job, which is to prepare the train for dispatch.

I agree, people constantly complain about slow dispatch times and train stacking, but then when something like this happens, they complain that they should have gone slower and been more careful. My opinion on this whole thing is that we don't have enough information to make a good case about it. I mean, when the girl got her arm stuck, did she say anything about it to anyone before the ride was dispatched, or did she just sit there and do nothing? If that happened to me, I would be mad, but to sue just seems to be pushing it too far.

Unless of course she said something to the op and he just said something like "well, too bad" and did nothing. In this case I might be a little more upset about what happened.

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Just sit back, and enjoy your record breaking ride on Millennium Force!

I was stapled and didn't know it was coming. I thought she was just going to check my lap bar as it was all the way down to my legs. I didn't know that she was going to put all of her weight on it ( about 130#). It was during an ert so I had a tag around my neck that got caught under the lap bar and snapped off my neck. If her arm was broken by the op pushing down the lap bar I think they should be held responsible.

That sounds horrible but they will probably either get payed to not go into court or win in court.

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-Sean

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You can sue for anything. The real question is will you win. That's for the courts to decide.

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Nope, it's for the insurance company to decide if the cost of settling out of court will be less than the legal fees regardless of outcome. And it'll be cheaper to settle.

It won't be cheaper to settle becuase both her parents are well known lawyers in cleveland. They won't have legal fees. People have to read previous posts.

From what he told me; she got stapled and her arm was broken, im guessing they had to release the lap bars right after it happened.

Yes, people have to read previous posts. She's not suing her parents. If they act as her attornies, they get their fees out of any settlement. Six Flags is the one being sued and they have to pay their attornies. If they settle out of court, there are several hundred or thousand of hours of attorney's fees they won't have to pay. If they settle for an amount in the 10's or lower 100's, they'll come out ahead monetarily, even if they go to court and win. You pay your lawyer(s) regardless of outcome when you're the defendant. Lawyers for plaintiffs in civil suits will sometimes work on contingency (only paid if they win or settle) but I've yet to hear of a defense attorney working under that arrangement.

Hmm, that's odd. I'm the lead of the Villain and I never heard of this.

When did this happen again?

She should be able to sue on the count that a ride op. should have seen that her arm was under the bar in the first place. Not to mention that she should not have been stapled so bad that she broke a bone.

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I really enjoy a good looper, but I am starting to favor the steel non-loopers as I start to ride more and more.

I'm wodering how she had her arm. I thought about this for a while and I couldn't see how the could put enough perssue on her arm in order to brake it. One way she could have had her arm was across her lap, which would mean that she would have broke her arm in several places. The other way is if she had her arms along her legs, then it there wold be some give from her legs or her arms would go down to the side of her legs. Anyways, the way I see it, she was trying to get more air time. I have seen my friends put their arms under the bar to try to get more air, yet I haven't seen anyone try to ride the coasters with their hands under the bar. But most likly she was takin her good old time getting into the train and her lap bar was still up when the op came to check them, her arm was slamed under the bar when the op put it down.

One has to question the validity of this post. Sounds hypothetical to me...

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Without the chaindog, you'd never get up the lifthill...

I state yet once again... We really don't have enough information, and the story seems to have a lot of loopholes.

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.:| Brandon Rodriguez |:.
http://www.coasters2k.com

I may not have seen it posted, but did we every find out if the ride op was the one that did it, or did we just assume that they did, and not think about the possibility that it happened during the ride, maybe she put her arm under the bar after the train left the station?

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smile...it's cheap, and people will wonder what you're up to. :)

If she had her arm under the bar and the employee broke her arm by shoving the bar down. I THINK SHE HAS A GOOD CASE!

If she put her arm under the bar durring the ride and it got broke, I don't know, your legs are the only thing that are supposed to be there.

Chuck

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Charles Nungester.
Visit Lesourdsville Lake :) Park phone is (513)539-2193

Ever heard the saying "believe none of what you hear and only half of what you see" - that probably applies here...but to be the devils advocate......

Regardless if the back of the ticket says something like we (the company) are not responsible for stuff that happens, that can not legally be true. Companies are at risk by inviting the public into their parks and hold insurance against things exactly like this.

You're not assuming a known risk by getting on a rollercoaster at a well-established park. Because these chains tell us that everything is inspected over and over, you presume that every ride you ride will be safe and sound, that you will walk away unharmed. If she or anyone one of us also had our arms broken at the hands of a ride operator, then Oh Yeah, it's their fault and any legal case would favor the girl.

To show the other side; You do assume a known risk by going to a hocky game. If you get hit in the face with a puck, then it's your fault for taking the risk, b/c everyone knows that pucks go flying off everywhere. Same exact thing with other sports, like baseball. Tricky and confusing, but that's english law for you!

Coasterfreaky stated:

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You do assume a known risk by going to a hocky game. If you get hit in the face with a puck, then it's your fault for taking the risk, b/c everyone knows that pucks go flying off everywhere.

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Oh really? Is that why the NHL is looking into changing every rink in the NHL due to the death of Brittanie Cecil, the girl who died when struck by the puck during the Columbus Blue Jackets hockey game last March? ( basic information on the story can be found here http://sportsillustrated.cnn.com/hockey/news/2002/03/20/puck_death_ap/ )

And to tie this back to coasters (and the little disclaimer on the backs of tickets) a lawyer in that article (granted, his comment is in relation to a Canada ruling) stated:

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"Ninety-nine times out of 100 here in Canada, it doesn't matter whether or not there's a disclaimer on the ticket," said Marcel Jodoin, an attorney from suburban Winnipeg who represents Nick Hildebrand. "Because you don't get the ticket until after you've paid. The courts up here have said you can't impose new terms into a contract after the contract's been made."

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I would assume that the same argument could be made (and has been made) in the courts here in the USA.

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Goodbye Whizzer, dear friend. You set me rolling many years ago into this fun hobby...

RIP Whizzer: 1976 - 2002

Don't get why some think im making this up, but heres what i heard from the brother of the injured girl, paraphrase, "She had her arm under the bar and the op came by and pushed the bar down so hard that her arm was broken." This was a day or two after it happened. He never said it was villain, i just assumed it was, since thats the only ride with ratcheting lap bars. I'm sorry if i forgot to mention that.

redman822,
thanks for the good counter-point example. i mentioned its a tricky law, and the way in which it's presented in a court of law depends on the lawyers presentation, etc blah blah. However though, I'm not a specialist in the law, i just took a few business law classes in college and we discussed "assumption of a known risk" and how it is handled in a court of law, which doesnt always make sense in everyday terms. ya know?

that's a horrible accident, but from this tragedy, people should realize (assume - whatever) that it is potentially dangerous to attend a hockey game due to pucks flying around.
I didn't want to get off this topic....this is about rollercoasters, not hockey - just trying to make my point was all.

after all that, my point regarding the girl (or the GP) is that she (they) should not assume that there is ANY danger (of the stapling the arm that broke) posed to her by riding the coaster because parks claim that they are very very safe since they are inspected regularly. So she has a potential case or settlement due to her.

If your arm got broke on a coaster, you would be upset right? And you would want to be reimbursed for the accident? the park would likely also want to do the right thing, which would be reimburse you for the damages.

HurricaneGeauga, no offense about your honesty, but this news hasn't been reported officially, or atleast not on here, and so people are a little skeptical when they hear news like this, particularly second hand news b/c it has only been reported to you by someone else unless i missed you saying that you were there.