KS - Caleb Schwab, 10, dies on 17-story Schlitterbahn waterpark slide, Aug 2016

[Doghairrules]

You're not being realistic though because that's not how it works. You don't have to pay lawyers for liability cases. The best of the best will line up for you when there's tens (or even hundreds) of millions of dollars on the line to win from insurance companies. If you win, they take a predetermined cut (usually around 40-50%). If you lose, you don't owe them anything. "Losing" almost never happens because they never take these to trial, they just settle out of court. It's pretty much a guaranteed payday for the lawyers who get these cases, which is why they don't charge you.

Especially with all the negative publicity this has garnered.


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[kaen]

Soooo can a kid sign the waiver???


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No, he is a minor and can't provide consent. His parents would have needed to sign the waiver for it to be binding.

There are three states where waivers are void--Lousiana, Montana, and Virginia. Some states are questionable and others are restricted or have special use voids. Kansas is not in any of these categories. If the family signed a waiver, it may hold.

A waiver would be upheld if the risks are stated----which is why we often see known and unknown risks in waivers----and done in accordance with the state's laws. .

 

[SophieRose]

http://www.nytimes.com/2014/07/27/sunday-review/when-thrill-rides-are-real-risks.html?_r=0

Last year [2013], however, a study by the Center for Injury Research and Policy at the Nationwide Children’s Hospital in Columbus, Ohio, revealed evidence of frequent injuries among children. More than 93,000 children under 18 were treated in emergency rooms for amusement-park-related injuries between 1990 and 2010. Although the researchers were unable to compile amusement-park-related deaths, they estimated that a child is hospitalized once every three days in the summer from an injury related to a park, carnival, fair or arcade ride.

The study’s senior author and the center’s director, Dr. Gary A. Smith, said current oversight is fragmented and ineffective. “A coordinated national system would help us prevent amusement-ride-related injuries through better injury surveillance and more consistent enforcement of standards,” he said.

snip

Nondisclosure agreements regarding accidents have made it even harder to measure safety. When The Orlando Sentinel reviewed more than 100 personal-injury lawsuits related to ride injuries or fatalities filed against the area’s three big theme park companies in the four-year period ending in 2008, the newspaper discovered that nearly every case was settled out of court, with the details sealed from the public.

 

[Angelo]

I tried sending you a PM but your box is full...just an FYI.

So many "news" articles keep saying that "witnesses" say their raft was under 400 pounds. But how exactly would witnesses know that unless they saw the women and they were clearly slender? So annoying.

I have a friend that told me she weighs 185 lbs. I would have never thought she weighed that. My daughter, who is 5'5 weighs 140 and looks slender.

From the pictures I have seen of the two women, I would lean more towards my friend's weight. They are not fat. They are both young (30's?) and pretty. They are sisters.

 

[gregjrichards]

"The state Department of Community Affairs must approve any ride before materials are even shipped to New Jersey. And during construction, inspectors ensure it's built to the exact specifications in the manufacturer's ride manual. There's no room for improvising or last-minute changes, he said.

"The manufacturers are the ones who know how the ride is supposed to be constructed and operated," Martin said. "New Jersey makes sure the ride meets those specifications."

DCA inspectors visit fixed parks, such as Six Flags, randomly throughout the season, spokeswoman Emike Omogbai said.

"All inspectors are state employees ... We also perform inspections while the rides are operating at random times. The inspections are performed using an inspection checklist," she said. Penalties vary depending on the severity of the infraction, Omogbai said."

http://www.app.com/story/news/local...ment-park-ride-inspections-verruckt/88614888/

This is an interesting article about how strict New Jersey about ride safety I hope more states follow their lead after this tragedy especially Kansas.

The petition to permanently close the Verruckt has reached 9,374 supporters so far http://www.thepetitionsite.com/en-gb/688/451/511/permanently-close-verruckt-waterslide/

 

[eileenhawkeye]

When a state decides that there will be no regulation for water parks (for example, this park did not have to be inspected by any agency besides themselves WTH), aren't they basically saying that they will accept any risks (any injuries, deaths, lawsuits, bad publicity) because the amount of revenue this water park will bring to the state is worth it? I doubt the state was oblivious to think that nothing would go wrong with such little regulation. The water park was not the only ones who benefited from not having to follow any rules.

 

[1&2&3]

The scales at the top of the ride should have been confiscated and held as evidence. They were the ones that gave the final weight total for clearance for the ride.

 

[Elainera]

The scales at the top of the ride should have been confiscated and held as evidence. They were the ones that gave the final weight total for clearance for the ride.

As I understand it they were not working that day.

 

[SophieRose]

U.S. Federal and State Amusement Ride Regulation
http://saferparks.org/regulation/agencies

http://saferparks.org/agency/kansas-department-labor

Overview of Amusement Ride Regulation for Kansas

Regulation Type:
State regulations cede most regulatory functions to industry

Inspection Program:
The Kansas Department of Labor has the responsibility to provide an inspection check list for all amusement park rides, at permanent or temporary locations. Rides must display a certificate of inspection.

Investigative Authority:
No accident investigation program implemented at state level.

Reporting Criteria:
No accident reporting requirements at state level.

 

[gregjrichards]

As I understand it they were not working that day.

This is why they should have been confiscated if employees and management knew these scales were faulty, knowing full well how important the weight of patrons was, but continued to allow the ride to operate regardless they should be charged it is wreckless endangerment.

 

[La Louve]

As I understand it they were not working that day.

Hi Elainera! :seeya:

I had the impression that customers were being told by ride staff that the scale wasn't working right when their weights at the top didn't match their weights at the bottom.

 

[Everyday Grace]

Of course they did.

The huge Kansas City, Kansas, waterslide on which a 10-year-old boy died was built in a state known for its light regulation of amusement park rides, and the company lobbied legislators to help ensure that it remained responsible for its own inspections.

Before Kansas considered imposing inspection requirements for amusement rides in 2008, a Schlitterbahn lobbyist urged state lawmakers to allow large parks to handle their own inspections. The resulting Kansas law and regulations contain provisions that the author of an older and tougher Florida law called "absurd."

Before 2009 — the same year Schlitterbahn opened its Kansas City park — Kansas had no state inspection requirements. The idea faced opposition from rural legislators worried about shutting down rides at county fairs and local festivals, said state Rep. Tom Sloan, a Lawrence Republican who first pushed for new rules in the late 1990s.

Kansas legislators approved the inspection law in 2008, after a study committee recommended it. The panel's official report, drafted after an October 2007 hearing, said a Schlitterbahn lobbyist saw "no problem" with lawmakers considering a requirement but added, "the company would like a 'Disney exception'" for large parks, allowing "company inspection, in conjunction with the state."

The lobbyist, Mike Hutfles, did not return telephone messages seeking comment, and Prosapio declined comment.

More:
http://www.wibw.com/content/news/Kansas-known-for-light-regulation-of-rides-390019882.html

And an FYI public service announcement taken from that article:

Among the states with no state oversight are Mississippi, Alabama, Nevada, South Dakota and Utah, according to the amusement park association.

Martin said Texas is "barely" better than Kansas about regulating amusement rides.

 

[Elainera]

This is why they should have been confiscated if employees and management knew these scales were faulty, knowing full well how important the weight of patrons was, but continued to allow the ride to operate regardless they should be charged it is wreckless endangerment.

I was only informing 1&2&3 that they were not working and thus could not have shown the "final weight". I was not saying they should not be confiscated.

 

[Elainera]

Hi Elainera! :seeya:

I had the impression that customers were being told by ride staff that the scale wasn't working right when their weights at the top didn't match their weights at the bottom.

Hi La Louve Hope you are doing well!

Yes that could also be the case - not working correctly.

 

[1&2&3]

Having been around engineers all my life, I am stuck on the engineering flaws of this slide. In going back to reread articles, this came to my attention today.

"The Unified Government’s Development Review Committee examined plans for Verrückt before the attraction opened. That committee includes representatives from the the Kansas City, Kan., Fire Department, the Board of Public Utilities, the city’s building inspection and engineering departments, and the Public Health Department. The review process did not evaluate the how the ride worked or was supposed to operate, nor is there any state or local law that compels the city to carry out such an inspection."

Read more here: http://www.kansascity.com/news/local/article94371692.html#storylink= cpy

How pathetic!! Why did all these groups meet if their concern was not on the operation of this ride or the safety for the citizens? It is incomprehensible that any state would be so laxidasical to allow something built in their state without being properly checked out prior to construction permits and again before permission is given to open it. :shame:

Perhaps, with Mr. Schwab's position, he will get one or a few big time lawyers to back him in his suit. With the proper backing, I feel sure certain he will gain more head way than than the average person.

A big thank you to the poster who pointed out Kansas rules on damages. It is greatly appreciated.

 

[gregjrichards]

Having been around engineers all my life, I am stuck on the engineering flaws of this slide. In going back to reread articles, this came to my attention today.

"The Unified Government’s Development Review Committee examined plans for Verrückt before the attraction opened. That committee includes representatives from the the Kansas City, Kan., Fire Department, the Board of Public Utilities, the city’s building inspection and engineering departments, and the Public Health Department. The review process did not evaluate the how the ride worked or was supposed to operate, nor is there any state or local law that compels the city to carry out such an inspection."

Read more here: http://www.kansascity.com/news/local/article94371692.html#storylink= cpy

How pathetic!! Why did all these groups meet if their concern was not on the operation of this ride or the safety for the citizens? It is incomprehensible that any state would be so laxidasical to allow something built in their state without being properly checked out prior to construction permits and again before permission is given to open it. :shame:

Perhaps, with Mr. Schwab's position, he will get one or a few big time lawyers to back him in his suit. With the proper backing, I feel sure certain he will gain more head way than than the average person.

A big thank you to the poster who pointed out Kansas rules on damages. It is greatly appreciated.

Great post it is shocking isn't it.

 

[1&2&3]

U.S. Federal and State Amusement Ride Regulation
http://saferparks.org/regulation/agencies

http://saferparks.org/agency/kansas-department-labor

Overview of Amusement Ride Regulation for Kansas

Regulation Type:
State regulations cede most regulatory functions to industry

Inspection Program:
The Kansas Department of Labor has the responsibility to provide an inspection check list for all amusement park rides, at permanent or temporary locations. Rides must display a certificate of inspection.

Investigative Authority:
No accident investigation program implemented at state level.

Reporting Criteria:
No accident reporting requirements at state level.

Having been a Mama who loved amusement parks and my children grew up loving them too, I am now terrified at how risky they are!

After reading the above list on what each state requires, it is unacceptable how such a large industry has escaped with virtually no rules. Everyone just looks the other way. All one needs is to find an insurance carrier to cover them and they are in business.

How many lives are daily put in harms way by this unregulated industry?

 

[Madeleine74]

This is why there needs to be oversight by concerned citizens and parent groups for area amusement parks. I said that earlier and no one commented and now I wonder if people would rather just rant and complain via keyboards than take action in combination with other concerned parents. Action begets action. MADD proved this. Talk is so cheap. Prevention & community action is where it's at.

 

[neesaki]

One video mentioned that this ride had a two page liability waiver, who puts a tiny child on that kind of thing? People really need to think and not just trust that rides this extreme are safe, especially when they're probably staffed by teenagers.

You bring up a good point, how can anyone underage be allowed to agree to a liability waiver. This whole thing is beyond bizarre. These nut jobs that designed this , and those that allowed it to exist, should have to pay the price. Not that any price will bring that poor child back. :cry:

 

[AmyPond]

Having been a Mama who loved amusement parks and my children grew up loving them too, I am now terrified at how risky they are!

After reading the above list on what each state requires, it is unacceptable how such a large industry has escaped with virtually no rules. Everyone just looks the other way. All one needs is to find an insurance carrier to cover them and they are in business.

How many lives are daily put in harms way by this unregulated industry?

I pretty much stick to Disney parks. I am surprised to see that the government doesn't inspect Disney World in Florida.