Lawsuit already filed in boys death at Indiana carnival.

The father of the boy killed by the Wind Shear (top spin type ride) has already filed a lawsuit against the carnival owner. Officials said that the ride itself didn't cause the boy's death so it will be interesting to see how this turns out. The fact that the boy was 5ft. 1 in. and weighing only 58/lbs. is surely a factor.

Click here.

I saw on the channel 5 news last night that the carnival company's lawyer says that there are witnesses that said the boy tried to climb on the ride after it had started it's ascent. Channel 5 also said it was at an amusment park too. That goes to show you that the networks are not always correct.

I live in Northern Indiana, I rode that exact ride 2 weeks ago. I dunno most of my friends are short, they were ok with it. *** Edited 7/10/2005 6:57:06 AM UTC by Kyle Fobe***

I found this artical right after it happen saying that nothing was found wrong with the ride.

http://www.suntimes.com/output/news/cst-nws-ride07.html

From what I understand, the boy met the height requirements. Maybe the OTSR's didn't come down enough. I do however believe it was ride-op error. I am not makin assumptions, but I have seen ride-ops at fairs drinking beer while operationg rides. *** Edited 7/10/2005 1:18:04 PM UTC by CoastinKatie***

These look like pretty difficult restraints to just "slip out off."

http://img142.imageshack.us/img142/7590/317ut.jpg

Adam

No kidding, Adam!

Perhaps the restraints were lowered before he sat down and the ops started the ride with the boy not restrained at all?

When we went on the ride...The carni would hold the ride upside down for 20 seconds or more...(yes I timed it)...More or less so he could see if chicks boobs fell out (yes I asked why).

Then on the gravitron one of the ticket takers hit on my friend. Since I had only 3 tickets I tried to get on the ride (when it was 5) he goes...yeah I'd be tryin to get on this ride to to see if that skirt would fly up! (the skirt my friend was wearing) I laughed...but she didn't. :(

Needless to say...I can definitely see someone getting hurt on one of those rides. :(

5'-1" and 58 lbs? Was the devastated family feeding that child? Sounds like Children and Youth Services should have been called to that house. And where did the family's attorney find 10,000 accidents on this type of ride?

I don't know a thing about this accident other than the links in this thread, but I'm getting sick and tired of the hullabaloo that follows every time some unfortunate incident happens-- the inflated, unfounded statistics; the created "facts"; the ever gullible media willing to print or broadcast whatever nonsense is handed them without ever bothering to verify (when will they ever learn?); and the allegations that the entire amusement industry is part of a huge conspiracy to take money from patrons then kill them. I suppose when you repeat a sentence enough times, no matter how ridiculous, it becomes the truth.

Actually, now that I think of it, I remember in a previous article saying the boy was 51" and 58/lbs. instead of 5ft 1in which would make more sense for a 9 year old.

5'1" would be off the chart for height of a 9 year old boy. 51" and 58 Lbs would be about 25th percentile for both height and weight which makes sense.

From what I keep reading over at the one ride accident website, the things to keep your kids off of are the inflatable rides commonly found at carnivals, school fundraisers, backyard parties etc. If they don't collapse, then they blow over easily with children inside of them.

That boy did not just "Slip out of those restaints... And I find it hard to believe it was operator error, although it could have been.

All fairs and carnivals I'v been to the Operators where not drunk, and they did check restraints before putting the ride into motion.

And I also find it hard to think its the rides fault, because it worked fine before...

This is one of those weird things that happends where there just seems to be no explenation of why or how it happend...

But come on, people will try to sue you over anything they can. Just because the boys father is sueing, dont mean he will win.

This is just a money hungry world..

I think this tells it all: ""They did not uncover any mechanical malfunction that could be connected to that accident," official Pam Bright said Wednesday."

*** Edited 7/11/2005 10:56:52 AM UTC by Landon***

I think Lawyers hang out at Carnivals. $$$$$ waiting to happen.

Let's face it. We really don't know what happened here. I must admit, that I don't understand why the lawyer would file this soon unless he's trying to nail down his client so they don't go to another lawyer. I doubt the lawyer really knows if he has a case or not yet.

OH YEA! lets just sue someone because it was the kid who tried to take a ride...
thats whats wrong with things today...lawyers hang people out to dry and insurance premiums go up killing the industry

It was reported that the ride was cleared ...more importantly the ride operater was taken for questioning, co-operated and was also cleared of wrong doing. infact that guy did everything right in a case like this.
SO? whos to blame? we don't have an answer...but if the kid got on the ride- after it was checked then its rider error. and may i remind you that most accidents today are rider error. and all states realy need to implement the rider responcibility acts
which remove wrong doing of the people who own and operate not only permanate facilites, but traveling ones too.

How is a 9 year old kid supposed to know if the ride-op checked the restaints for a ride already? All he is thinking about is getting on the ride to have fun. If he got on after restraints were checked it is ABSOLUTLY the ride-ops fault for not paying attention to what was going on on the ride.

Now I didn't see anywhere that said he got on after they were checked so I guess it really doesn't matter. As someone who goes to this carnival every year, I wouldn't doubt for a second that any of ops for this company pay more attention to the young girls in line than they do their rides.

Frank, who's daughter knows better than to ride anything that goes upsidedown at a carnival.

*** Edited 7/12/2005 3:38:33 AM UTC by sparky697*** *** Edited 7/12/2005 3:40:12 AM UTC by sparky697***

Hey now Frank.

My daughter goes on the Fireball so back off. :)

But it's the ride op's fault that the parents don't controll there kids? Now I know and have worked in the industry and have seen many occasions were parents told the kids "hurry hurry get on the ride we have to leave" so they storm the gate without a ride operator there...in this case the ride was duble sided whats to say this kid entered the ride area after the op came arround...is it his job to walk arround the ride 100 times to ensure the ride was clear of people? I've even seen parents unlock gates or take down chains and let there kids walk in without a ride op at the gate. thats were alotta these situations happen. a ride op just can't control the gate when hes in the booth ensureing the operation of the ride. Let me put it to you this way, If someone wants on that ride they will try to get on. Weather its before, mid or ending cycle.

We need laws like europe...paint a line on the deck and say you pass it it's your own problem....look at them fairs over there, half the rides arent even fenced all the way! You don't hear stuff being passed on the internet of a guy or kid crossing the red line and getting hurt.

As far as im concerned that mostly its rider error as i said ..in this case the Operator was cleared of wrong doing. sometimes its not the case but here it is.

In a state like NY or any state for that matter with a regulated Inspections program it's been shown that carnivals have a safer record and why? well parts are inspected as they go on and off the equipment every week. They are also seen by inspectors before permitted to carry passengers every time they move.
They are by far under more pressure and answer to inspectors more so then the parks.
Heres a good amusement rule of thumb...if you visit a park or carnival at night...if the lights work they do the maintenace on the ride.