Jeff, I disagree. The fact that the girl did indeed disobey the rules should be enough. Instead, the parents are trying to discredit the amusement park industry. They have already affected the industry because I cannot, and probably never will be able to, ride one of my favorite non-rollercoaster rides.
If it were my daughter, I think I would have realized that the CPSC couldn't have done anything. I would have realized that the ride doesn't hurt anybody following the rules. Would you trust a McDonalds worker with the life of your child, because in essence that's what you do with ride-ops at amusement parks. These aren't professionals with decades of experience. They are often high school or college kids. If there is a height restriction posted outside the ride, the parent ignores it, and the ride-op fails to notice it, is the park as responsible as the parent or child? Do you think a stranger should have more concern for somebody's well-being than the person themself? I don't think so.
I've been on the Cajun Cliffhanger many, many times. I always followed the rules, because I could figure out that there is a potential danger associated with messing around. But the insistence of most amusement park guests to increase fun has its costs. Sure it can be more fun to test the limits of the additional g-forces by lifting your feet up. You are also told not to do it.
Now because one parent and their child's ignorance, I can't ride a ride.
I do feel sorry for her that this happened. It has changed her life drastically. But no legal action will change what happened. She lost part of her foot, and suffered through a horrible experience. But to try to put the blame on the park, or the industry itself, is not the answer.
The fact that a person can injure themselves because of a lack of common sense, and then get awarded money for it is embarassing. That's why its a stupid country. It's like the lady who burnt herself by spilling McDonalds coffee on themselves, and then got awarded money. This is just as ridiculous.
And while she didn't say she was right, obviously, since the legal battles continue, her parents seem to think she was right, or at least right enough to need intervention from the government to assure safety.