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Cedar Point: Man killed at Raptor trespassing in restricted area


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Are they allowed to fine someone for trespassing if they are caught before they are killed or injured? Makes sense that a fine would be a good deterrent.

 

I think of it this way- I don't speed while driving, because I want to avoid a fine. Not because of any perceived risk to my life. I figure IF I were to speed I would be just fine. (Which is not necessarily true, anything can happen!) But I don't want to pay for it, so I obey the posted speed limit.

 

Put up a sign saying the area is video monitored and that violators will be fined (somewhere around the cost of a phone, so that it's not worth the risk) and maybe that would be a good deterrent. Money is more "real" to some people than a chance they could lose their lives.

 

Disclaimer: I am not a lawyer. Always consult a licensed attorney for legal advice. :)

 

In my understanding, the park, as a private entity, can't directly force someone to pay a fine; they would have to enforce it by saying something like "you're banned indefinitely until you pay", and I'm not sure of the legal implications of that. (Incidentally, this is how sports leagues without unions/CBAs, like NASCAR, generally enforce fines: pay now or be suspended until you do. A player/driver/whatever in such a league who is assessed a fine could theoretically choose to retire on the spot instead, and the league would never be able to force payment.)

 

What they CAN do, however, is call in local police (Sandusky Police, Mason Police, etc.) and have the person booked into the local jail on a charge of trespassing. From there, they have the right to a fair trial, and if convicted (or if they plead guilty), the judge can enforce a fine (or possibly even a short jail sentence). I suspect that this is what would have happened in the Raptor incident had the man not been struck by the train.

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Expert says Cedar Point, not roller coaster rider, bears much of the blame in park death: http://www.cleveland.com/travel/index.ssf/2015/08/expert_says_cedar_point_not_ro.html

 

Where do they find these clowns?

 

That was posted on the previous page and has been the subject of discussion for the past several posts. :P

 

Try to keep up. :)

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I'm not sure about the fine thing... The company I work for has a contract with a collection agency to force people to pay parking tickets (this is also how we get people for tailgating out of the garage).

 

With regard to the parking tickets, that probably just means that the collection company tries to badger and annoy the person enough to make him or her want to pay the ticket to shut them up. Unless local law enforcement officers are issuing the tickets (as opposed to private security/"mall cops"), I doubt they can actually enforce it in a court.

 

As for tailgating out of the garage without paying, that would most likely be a criminal offense called "theft of services", for which the police could become involved.

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^ A private entity can sue for alleged damages without a criminal offence being prosecuted. Alternatively, a company can demand payment to settle alleged damages without going to court. This is entirely separate from any criminal charges (eg. theft of services).

Separately, if collection agencies are involved, ignoring an alleged debt can cause severe harm to one's credit report. Which can be much more costly than the original monetary amount in question.

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