CrashOverRided Posted October 14, 2009 Share Posted October 14, 2009 its like ppl that drink too much and get a bad liver......"oh lets sue the maker of the drink, cause it tore up my liver" Knowing the risks of drinking :S That's a very faulty analogy. Did she ride SoB expecting to be injured? No. Do most rollercoasters injure guests? No. not really there is risk with everything we do Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted October 14, 2009 Author Share Posted October 14, 2009 And the whole thing boils down to reasonableness. Did Kings Island and Cedar Fair take reasonable steps to protect the guests who rode Son of Beast? If so, they will probably not be held liable. If not, then the question of causation arises...did the guest's injuries in fact stem from riding Son of Beast? If not, the defendants are still not liable. If so, then liability may be found. Quote Link to comment Share on other sites More sharing options...
Guest TombraiderTy Posted October 14, 2009 Share Posted October 14, 2009 ^^Drinking too much requires, well, drinking too much. Was she riding the coaster too much? To our knowledge, no. It may have easily been her first time riding that day- or even ever. Even if it was her tenth time that day, she should not have been the victim of injury. And besides, over two-dozen other people were all injured on the same day. Please don't even try to claim they all had prior conditions- the coaster did fail, injuring the riders. You may not be aware, but Kings Island is not a perfect place- there's no need to stick-up for every tiny little thing Quote Link to comment Share on other sites More sharing options...
CrashOverRided Posted October 14, 2009 Share Posted October 14, 2009 And the whole thing boils down to reasonableness. Did Kings Island and Cedar Fair take reasonable steps to protect the guests who rode Son of Beast? If so, they will probably not be held liable. If not, then the question of causation arises...did the guest's injuries in fact stem from riding Son of Beast? If not, the defendants are still not liable. If so, then liability may be found. exactly, like CedarPointer said "Do most rollercoasters injure guests?" it was not the intent of KI to injury that guest. they took all safety measures. Quote Link to comment Share on other sites More sharing options...
Dbfan Posted October 14, 2009 Share Posted October 14, 2009 Im not very smart when it comes to legal stuff, but from what ive heard, cant this person potentialy get Lots of money. I mean lots and lots of money trhough this trial? Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted October 14, 2009 Author Share Posted October 14, 2009 ...like CedarPointer said "Do most rollercoasters injure guests?" it was not the intent of KI to injury that guest. they took all safety measures. That will be an issue if the matter goes to trial. The defendants will claim they took all reasonable measures to protect the guests. The plaintiff will claim otherwise. Quote Link to comment Share on other sites More sharing options...
CrashOverRided Posted October 14, 2009 Share Posted October 14, 2009 Im not very smart when it comes to legal stuff, but from what ive heard, cant this person potentialy get Lots of money. I mean lots and lots of money trhough this trial? Yes a ton Quote Link to comment Share on other sites More sharing options...
CrashOverRided Posted October 14, 2009 Share Posted October 14, 2009 ...like CedarPointer said "Do most rollercoasters injure guests?" it was not the intent of KI to injury that guest. they took all safety measures. That will be an issue if the matter goes to trial. The defendants will claim they took all reasonable measures to protect the guests. The plaintiff will claim otherwise. i have a feeling the defendants will try to settle outta court before trial hits. yes? can they still do that ? Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted October 14, 2009 Author Share Posted October 14, 2009 Im not very smart when it comes to legal stuff, but from what ive heard, cant this person potentialy get Lots of money. I mean lots and lots of money trhough this trial? Perhaps. But is money a perfect remedy? How much would you pay to avoid several painful surgeries (assuming that is the case) over the next several years? How much would you have to be paid to suffer such an injury and the resulting surgeries? Again, there are at least two sides to most cases, and most have many more sides than that. Quote Link to comment Share on other sites More sharing options...
CrashOverRided Posted October 14, 2009 Share Posted October 14, 2009 Im not very smart when it comes to legal stuff, but from what ive heard, cant this person potentialy get Lots of money. I mean lots and lots of money trhough this trial? Perhaps. But is money a perfect remedy? How much would you pay to avoid several painful surgeries (assuming that is the case) over the next several years? How much would you have to be paid to suffer such an injury and the resulting surgeries? Again, there are at least two sides to most cases, and most have many more sides than that. you know MONEY fixes everything ...lmao Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted October 14, 2009 Author Share Posted October 14, 2009 i have a feeling the defendants will try to settle outta court before trial hits. yes? can they still do that ? See post 30 above, but the article indicates that the defendants have not made any 'worthy' settlement offers...in other words the two sides are very far apart moneywise at the moment. Quote Link to comment Share on other sites More sharing options...
maverick2007 Posted October 14, 2009 Share Posted October 14, 2009 ^^^ I agree. Will money make her not have the pain that comes with surgery? No. Will it erases the trauma that would exist after such an accident? No. Money can do many things but there are some things it cannot ever do. Quote Link to comment Share on other sites More sharing options...
CrashOverRided Posted October 14, 2009 Share Posted October 14, 2009 i have a feeling the defendants will try to settle outta court before trial hits. yes? can they still do that ? See post 30 above, but the article indicates that the defendants have not made any 'worthy' settlement offers...in other words the two sides are very far apart moneywise at the moment. oh wow ....yes it could get ugly then. (money wise) Quote Link to comment Share on other sites More sharing options...
Dbfan Posted October 14, 2009 Share Posted October 14, 2009 Im not very smart when it comes to legal stuff, but from what ive heard, cant this person potentialy get Lots of money. I mean lots and lots of money trhough this trial? Yes a ton This is whats wrong with american legal system nowadays. You can get hurt, not that bad. And be set for life with it. Look at this:Crocs Incident. Little Johnny Hurts his foot, and his parents get 6million over a night in a hospital and a small surgery. Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted October 14, 2009 Author Share Posted October 14, 2009 For every case that is publicized like that, there are many others where the plaintiffs fight hard to prove their case and recover nothing. Again, there are two sides in nearly every story. Quote Link to comment Share on other sites More sharing options...
CrashOverRided Posted October 14, 2009 Share Posted October 14, 2009 i will stand down on this topic atm. Quote Link to comment Share on other sites More sharing options...
standbyme Posted October 14, 2009 Share Posted October 14, 2009 I would pay to see this happen in court...Mr. Siebert, in your own words could you please describe Son of Beast for us...."Son of Beast is a high speed, turbulent roller coaster....." (I can picture some people in the courtroom whispering, "That's HIM, that's the voice!") Quote Link to comment Share on other sites More sharing options...
BoddaH1994 Posted October 14, 2009 Share Posted October 14, 2009 I would pay to see this happen in court...Mr. Siebert, in your own words could you please describe Son of Beast for us...."Son of Beast is a high speed, turbulent roller coaster....." (I can picture some people in the courtroom whispering, "That's HIM, that's the voice!" Makes me wonder who from KI would be called to testify. Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted October 14, 2009 Author Share Posted October 14, 2009 Given the quoted portion of the complaint, I'd expect both sides will call witnesses, both fact and expert witnesses, who are in a position to testify as to the inspection, maintenance, condition and operation of Son of Beast in 2006 and before. Safety measures that may have been made after the incident normally would not be admissable, as society has made the judgment call it does not want defendants to be afraid to implement new safety measures for fear that their failure to have done so in the past would be held against them in court. Quote Link to comment Share on other sites More sharing options...
gigacoaster2k Posted October 14, 2009 Share Posted October 14, 2009 I am just glad that people like this do not go to Holiday World, or even know where it is. I think I still have PTC train imprints on my left side from all those rides on Legend on Sunday.. but hey, it's worth it. Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted October 14, 2009 Author Share Posted October 14, 2009 If you think people who go to Holiday World who are injured or allege they are do not also sue the park, you are very sadly mistaken. Quote Link to comment Share on other sites More sharing options...
Ki Man Posted October 14, 2009 Share Posted October 14, 2009 Tear it down. Quote Link to comment Share on other sites More sharing options...
CoastersRZ Posted October 14, 2009 Share Posted October 14, 2009 Yes. Parks unfortunately get sued more frequently than most people know about. However, it is rare that these civil suits actually get to trial. These two cases may not even reach a final decision in the court room if both sides agree on a settlement. Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted October 14, 2009 Author Share Posted October 14, 2009 And it should be pointed out that a relatively standard provision of most settlements is that neither side will publicize the settlement in any way, or at least not the amount thereof. Settlements normally also specify that neither party admits anything except a resolution of the matter. In very rare cases, settlements can include a public apology. Quote Link to comment Share on other sites More sharing options...
KIfan1980 Posted October 14, 2009 Share Posted October 14, 2009 There are so many things we'll never know about that go into a case like this so I don't even want to speculate. The thing I found interesting is that the case asks for punitive damages. As I understand it, these are damages above an beyond the actual expenses (for medical bills, etc...) designed to punish the park financially for the alleged negligence. This is where I believe things have to be willful versus accidental which would likely be harder to prove. Quote Link to comment Share on other sites More sharing options...
indianapolisman Posted October 14, 2009 Share Posted October 14, 2009 Tear it down. A more appropriate thread http://www.KICentral.com/forums/index.php?showtopic=4730 Quote Link to comment Share on other sites More sharing options...
windshawne Posted October 14, 2009 Share Posted October 14, 2009 I thought the injuries involved cracked sternums, not injured hips. Quote Link to comment Share on other sites More sharing options...
Jasper Posted October 14, 2009 Share Posted October 14, 2009 I am really anxious to see how this trial turns out and see how this affects the future of Son of Beast. As for the voice that comes over the PA around SOB, I never knew that was Siebert's voice, I guess you learn something new every day. Quote Link to comment Share on other sites More sharing options...
CoastersRZ Posted October 14, 2009 Share Posted October 14, 2009 Yep. Siebert`s voice graced many recorded spiels at Kings Island. The no-smoking spiel that used to be played in The Beast`s station, spiels at Thunder Alley, and others that I now forget. I believe that other than the Son of Beast one, most of them have been replaced or are no longer used. And of course, Mr. Siebert is now employed with Schlitterbahn. Although, I know that he still sometimes makes visits to the Cincinnati area. I actually saw him this year, and not at Kings Island... Quote Link to comment Share on other sites More sharing options...
standbyme Posted October 14, 2009 Share Posted October 14, 2009 I'll sidetrack this discussion for a moment... The voices come from various persons that have worked at/for KI through the years. The female "Ladies and Gentlemen, in just 15 minutes Paramount's Kings Island is proud to present..." voice is that of a professional voice-over artist contracted by Paramount Park's corporate office. She does many of entertainment's various show announcements for most Paramount Parks. As rides have been added through the years, various rides managers have been utilized to record automated speels. Such as Nate, who did record the "Welcome back Son of Beast Riders" speel. Prior to their dismantling, both Kenton's Cove Keelboat Canal and King Cobra utilized the same voice of a former Rides Manager for their lift speel... Beast still uses that same voice on lift #2. "Caution... " Jeff Siebert has been doing more and more recordings for the park over the years. His voice can be heard delivering the the no-smoking blurb on newer rides such as Delirium and Son of Beast, and other various rides in Action Zone like Top Gun. His voice also is heard delivering the warning speel on SOB "Son of Beast is a high speed, turbulent roller coaster....." Again, some rides and attractions in the park use professional voice overs for theming purposes. Tomb Raider is a great example. There are several pre-recorded messages used for the que or in case of a shut down. Those feature a female, Laura-Croft esqe voice. Other good examples are: Adventure Express which utilized a voice-over artist to record the themed speels such as "The Transcontinental Express...." Flight of Fear which utilized voice over artists to record the exterior hanger announcements. And who could forget Scooby Doo and the Haunted Castle as well as Scooby Doo's Ghoster Coaster which utilize the voice talents of Scott Innes, who is one of the two current official voices of the Scooby Doo characters. As a matter of fact, many of the Nick and HB rides all use speels recorded by the varoius voice-over artists that supply the character's voices for the cartoons themselves. Shaggy (How's that for searching for a quote...all the way back to 2004!) Quote Link to comment Share on other sites More sharing options...
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