http://dfw.cbslocal.com/2014/02/18/six-flags-sues-texas-giant-maker/

Looks like Six Flags is pursuing legal action against Gerstlauer for the Texas Giant death last summer.

I don't know every detail of the incident. But I think both Six Flags and Gerstlauer should pay the family and not drag this out.

Hmm, almost sounds like X and Arrow all over again. I disagree, the contract stated "no seatbelts" and that term appears to be on Six Flags part. Furthermore, it states Six Flags was involved in the design process. In my mind, that tells me that they may have requested changes that the maunfactor made because "the customer is always right". I believe the rider felt that she was endanger, ignored park rules, and successfully escaped the safety harness but failed to get to safety (catwalk of lift).

Wonder how RMC feels about the title of that article?

This case continues to take some weird turns. I had a little chuckle at the following quote.

Six Flags said it was “simply a conduit of providing the ride for the public’s use” and is seeking “full indemnity” from Gerstlauer.

Read more here: http://www.star-telegram.com/2014/02/17/5576672/six-flags-over-texas-now-alleges.html?rh=1#storylink=cpy

Simply a conduit...

So wait.

By signing the purchase agreement which contained an indemnity provision, doesnt that mean that the Purchaser is agreeing to forgo payment by the Seller in the event ofa loss? Also, releasing the Seller from liability in event of loss?

Or does this go back to "Ride(purchase in this case) at your own risk" concept?

Maybe I am just mis Interpreting the article.

An indemnification clause in this context would typically provide that the seller, Gerstlauer, would pay any damages that Six Flags had to pay, perhaps for a limited time and/or limited amounts, should Six Flags be held liable for any loss that could be traced to the product being unsafe, unreasonably dangerous or defective.

Terp, who in not engaged in the private practice of law in the District of Columbia, Texas or any United State. There is no legal advice nor advice meant for any particular client or situation contained herein. Consult a competent attorney in your jurisdiction if you have, or think you may have, a legal problem. Disclaimer valid wherever displayed, be it read or not.

Ok, that explains Six Flags' action. I believe I had it confused with Liability Waiver or Release of Liability then.

Gerstlaurer blames the park......

http://www.nbcnews.com/news/us-news/texas-giant-builder-blames-six-flags-death-n46666