Posted Wednesday, August 18, 2010 12:28 PM | Contributed by Jeff
A 33-year-old Lake Delton man has been charged with first-degree reckless injury in connection with a July 30 incident in which a 12-year-old Florida girl was injured in an amusement park ride.
Read more from The Journal Sentinel.
Fail. I posted a comment in the wrong thread.
Why didn't the website developer do more to prevent operator error? :)
I think it's on the fine print of most any ticket or pass, and pretty much never considered and enforceable contract.
These are called "Contracts of Adhesion", and they generally aren't enforceable. However, for go-kart tracks in particular, there probably is more burden/risk on the rider than there might normally be.
I'm not sure that it is a good idea to bring charges in an incident like this, unless there is some evidence that there was willful misconduct on the part of the operator... I don't think we've got a lot of information on exactly what the operator did wrong.
What he did wrong was to not raise the cart to the maximum height, and I would be willing to bet that was something covered during training. By breaking from the standard procedures, he was negligent. As far as I'm concerned, every operator should have the mentality that, unless someone's safety is being endangered, they must operate the equipment in the exact manner which they are trained. If they do not, then the responsibility for accidents shifts from employer to operator.
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