Lawyers
MrFreeze_freak said:
If Kennywood would have had shelters from the storm, then she wouldn't have been hiding under a ride for protection. Kennywood is responsible, even if it wasn't their fault.
Most amusement parks don't have shelters, its not Kennywoods fault do you want every amusement park to build a shelter for everyguest? Even if there was a shelter most guests probally wouldn't have had time to get to one.
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Top 5 Coasters 1.Deja Vu(SFGAm)2.Raging Bull(SFGAm)3.Millennium Force(CP)4.CornBall Express(IB)5.Viper(SFGAm)
CoasterWorld
Oddly enough I can understand both sides of this discussion. My gut instinct though is that it is not Kennywood's fault.
What if the injured people had been in their homes when the storm blew through. What if their own homes collapsed on them causing injury. Would that be Kennywood's fault for not warning them that their house was about to collapse?
Ok, silly argument but I'm making a point here. Let's continue:
What if someone is at your house when a storm blows through and your house collapses and injures them. Is it your fault that you didn't warn them? Sadly with the state of the judicial system it just may be. However if you're ever at my house and a serious storm rolls in, I'd like to think that you have enough common sense to get out if you feel unsafe without me telling you.
Now back to Kennywood. Why are they responsible for your safety in open areas of the park? Guests at the park did what they felt necessary to avoid the storm. The worst possible sceanrio played out. How could it be Kennywood's fault in any sense?
Doesn't anybody take resposibility for their own actions anymore?
Will people sue? Sure. Will they win. Sadly, they probably will.
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www.coasterimage.com
Dorney Park visits in 2002: 10
What if a person was walking around downtown Pittsburgh when the storm hit, and they were injured? Should the city have warned them? Is the city responsible? How about if they were driving on a state highway - is the state responsible? No.
I believe that one of the biggest problems in this country is people's refusal to take responsibility for their actions. Just because something bad happened to you doesn't mean you "deserve" a million dollars. Bad things happen. People who file lawsuits like this should step back and take a look at the lucre they already wallow in daily, relative to the rest of the world's countries, and get a little perspective.
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He let the contents of the bottle do the thinking; can't shake the devil's hand and say you're only kidding.
does kennywood get a lot of these type of storms? if so was the pavillion built or maintained to withstand these types of winds? was the park aware of the weather conditions and chose to keep rides open anyway? were the patrons aware of the weather conditions?....Generally, floods, tornadoes, and other weather conditions are Acts of God and would not subject the park to liability...but bad decisions, faulty structures, etc. are ACTS of MAN and can expose the park to liability....unless you know all of facts how can u probably surmise that its kennywood's or the guests' fault? you say stop the lawyers, i say stop the stream of rash and ignorant posts.
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How amusing that Everyone hates lawyers.....until they need one.
Lawhergirl,
I think you need to re-read this thread. There's actually many people on your side and many of those who think the lawsuits are a waste of time and resources (like myself) don't blame the lawyers, but rather the people of the world who feel the need to hire them to try to milk money from every situation imaginable.
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www.coasterimage.com
Dorney Park visits in 2002: 10
I almost hope that Kennywood IS sued and that the case goes the way it should - that it was a totally unpredictable microburst that no one could have expected. I wasn't in the park, but was in my car 5 minutes away, and the storm looked no worse rolling in than any other freak summer storm - no one could have even predicted those kind of conditions, and even if they did, the relay time from the National Weather Center to Kennywood officials to the park loudspeaker operator and then to the guests probably would have taken enough time that the warning would be too late. Hopefully this case will work out the way it should and people will stop holding everyone else responsible for acts of stupidity and nature.
While I'm in agreement that there are a ton of frivolous lawsuits floating around, our legal system allows those who feel they have been "wronged" to explore certain options. I see nothing wrong with utilizing this system. If the systems works as it should, those cases without merit will be shown as such and we can move on. But if the case DOES have merit and is never heard, is justice really served?
My suggestion is, if you have a problem with the system in place, try changing the system, not attacking the participants.
I work with lawyers practically daily and find most of them to be rational level headed people much like any other profession.
lata,
jeremy
--who wonders why "Acts of God" are allowed to exist in a country that doesnt even support school prayer
2Hostyl said:
So what, you'd rather have the person's family just have the park dictate to them what all the ramifications should be? That's just not intelligent. ANYTIME a major accident like that happens, the parties involved SHOULD consult COMPETENT counsel. Not any old ragamuffin "Ambulance chaser", but one that is genuinely interested in seeking a fair and legal outcome. ALL LAWYERS AINT BAD. Let me repeat that. ALL LAWYERS AINT BAD. But in situations like this, they are the ones best trained to handle the situation.
lata,
jeremy
--who thinks everyone should have a lawyer on retainer
If you read the article from the paper, you will see that this lawyer also had two others from the Kennywood storm as clients. That is three in less than a weak, Good lawyer or ambulance chaser? I know if my child was in the hospital with a cracked skull, the last place that I would be is at a lawyers office! Don't forget that a lawyer will take a large portion of what ever you get for your suffering. Is it any wonder that a lawyer would want you on retainer?
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Get to the Point
*** This post was edited by John Ball on 6/11/2002. ***
jeremy
--who wonders why "Acts of God" are allowed to exist in a country that doesnt even support school prayer
....because outlawing "Acts of God" would probably have little or no effect....;)....pesky humans.....
2Hostyl said:
I work with lawyers practically daily and find most of them to be rational level headed people much like any other profession.
lata,
jeremy
You obviously work with different lawyers than I do, or perhaps your definition of rational is different than mine. "Rational" or "level-headed" aren't the words I'd use to describe 75% of the 400 or so that I work with. The ones that are cool, though, are very cool.
Gator - What happened to your boys in Sacramento? Maybe Nader can help them out. :)
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"drop rides, not bombs."
I said it before the postseason even began, the Lakers were AND are "the team to beat". My Kings (yes, I own them now, the Maloofs were very gracious) did a great job, took Kobe and Diesel as far as they could be taken....7 games, OT, etc...still think the Horry 3 at the end of game 4 was the decisive shot. CWebb and the guys will be back, and certainly are head-and-shoulders above the third-best team in the league....just can't do squat about the Daddy....even the league's rule-changes can't stop him....
To jeremy, doesn't look like Kobe's too embarrassed now, still wish my guys had taken them out in the Western Conference finals....JKidd may be the best al-around player, he certainly is in the East, but the Kings had, and still have, the best shot of *eventually* taking the rings from the *3-time* defending champs.....
bill, going WAY out on a limb and predicting the Lakers won't even need the previously-discussed fifth game
oh, and I love coasters too....
Two, the simple fact that this particular lawyer has two other cilents speaks nothing to his reputation. On the one hand, he could be a vulture swooping down on "easy prey". On another hand he could simply be a well respected and competent lawyer who many people knew about. Heck on an even other hand, he could just be friends with people who were at the park and they sought him out because of there relationship.
As with most of the events around this situation, there are simply more questions, IMO, than answers. In cases like that, I would feel more comfortable if those questions would be answered. In the case is indeed as "pointless" and "frivolous" as people seem to think, a good lawyer would actually steer his clients AWAY from a suit; especially if her fee were tied to the outcome. She would not want to waste her time on a case she couldnt make money on.
But if it *is* reasonable to believe that an adjudicating official (judge/jury) will see things the client's way, why should they bar themselves from that relief?
My favorite line is from a Law Office in Baltimore (regarding birth defects resulting from alleged malpractice):
Everybody's sorry, but no one wants to pay!
lata,
jeremy
--who wishes he could just nod and agree, but that isnt the American way
Isn't there a national weather service warning system in place in the county, where sirens are activated when a severe storm (or tornado) is approaching?
Ours is tested on the first saturday of every month at 1 pm. Otherwise, whenever there is a severe weather threat, which includes thunderstorms as well as tornados, the sirens are activated by the National Weather Service and NOAA.
I realize these systems aren't perfect, especially ours as we live on the western edge of the county and the sirens tend to go off after the fact for us. But wouldn't it make sense that these sirens would have been activated if the weather threat appeared to be severe?
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I'd rather die living than live like I'm dead
The park knew the storm was coming, but nobody had any idea that it would pack 105 mph winds.
Could the park be held responsible? Although I would hate to see it, people could sue and win damages. If you can spill coffee on yourself and win millions because nobody told you it was hot, then sure, someone could possibly win money out of this.
As for the Whip running while the storm hit, it could have been worse. Kennywood actually did start to close down rides when it knew the storm was coming. It closed those rides that are susceptible to lightning lightning strikes, and those that are difficult to evacuate quickly (like a train stuck at the top of the PR lift). Why would it close the Whip? It is enclosed, and easy to evacuate if the power failed. The same goes for the Merry-Go-Round. However, what if the Whip was closed and many more people were huddling under its roof for shelter. If people were diving into food and game stands for shelter, they certainly would have used the Whip's pavilion for shelter. Things could have definitely been much more worse.
I'm under the impression that a majority of the inujuries happened with the collapse of the Whip shelter. On that note another point to consider is the fact that Kennywood probably didn't exactly tell people to go running for the whip shelter as a place of refuge.
Again, it comes to responsibility for ones own actions. I fully believe Kennywood took all the precautions possible and the same precautions any park would've taken in the same situation. Things happen that we can't control and the people injured by the shelter collapse were unfortunate victims of that fact.
How could anyone, even as understandably upset as these people surely are, possibly place blame with Kennywood. So now amusement parks are supposed to be meteorologists as well as purveyors of fun? Bah!
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www.coasterimage.com
Dorney Park visits in 2002: 10
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