The Interpreter Posted October 23, 2014 Posted October 23, 2014 At BooFest event: http://wtop.com/?nid=893&sid=3728101 Quote
upstop Posted October 23, 2014 Posted October 23, 2014 Everybody wants something for nothing these days...I would think she would have more of a case against the tramplers than with the park. BTW wasn't she committing child abuse by forcing her child to endure the event with her? (sarc). 1 Quote
RailRider Posted October 23, 2014 Posted October 23, 2014 A Busch Gardens spokesman tells The Virginian-Pilot (http://bit.ly/12hltKf ) that the company doesn't comment on pending legal issues Mr. Hart take note that is how you are supposed to handle things. 7 Quote
Diamondbacker Posted October 23, 2014 Posted October 23, 2014 Two years after the incident? I don't follow lawsuits much, but that seems to be a long time from the incident to present a lawsuit. Quote
The Interpreter Posted October 23, 2014 Author Posted October 23, 2014 It is doubtless at the end of the Statute of Limitations. It is customary to wait til then to file for many good and wise reasons. Terp, who is not engaged in the private practice of law in the District of Columbia, the Commonwealth of Virginia, or any United State. There is no legal advice meant for any particular client contained herein. You should consult a competent attorney in your jurisdiction if you have, or think you may have, a legal problem. This is a disclaimer. 5 Quote
jcgoble3 Posted October 23, 2014 Posted October 23, 2014 Everybody wants something for nothing these days...I would think she would have more of a case against the tramplers than with the park. Generally, most amusement and theme parks prohibit running, for safety reasons. Yet by having employees chase guests with a fake chainsaw, they are encouraging running. She may have a valid claim in that the park created an unsafe situation. IANAL, of course. 6 Quote
The Interpreter Posted October 23, 2014 Author Posted October 23, 2014 ...and note many parks no longer have chainsaws, fake or otherwise, as part of BooFests... Just as Six Flags no longer has contests involving roach eating. 1 Quote
pbkigi Posted October 23, 2014 Posted October 23, 2014 As a patron, do you not accept all risk and liability of said Boo Fest when you purchase your ticket/pass and walk in the gate? Quote
RollerNut Posted October 23, 2014 Posted October 23, 2014 SCarowinds still has chainsaws...... The Paramount Park tickets and our Cedar Fair Carowinds Season Passes do say that visitors accept liability and all risk but how many people read the back of the ticket. Season Passes require a signature but I still doubt they would hold up in a courtroom. 1 Quote
bkroz Posted October 23, 2014 Posted October 23, 2014 SCarowinds still has chainsaws...... The Paramount Park tickets and our Cedar Fair Carowinds Season Passes do say that visitors accept liability and all risk but how many people read the back of the ticket. Season Passes require a signature but I still doubt they would hold up in a courtroom. It doesn't matter how many people read the back. "I have read and agree to the terms of service." How many people read that? Still not invalidated. If the fine print on the back of passes and tickets / Rider Safety Guides wouldn't hold up in court, what would? That's what they're there for! Quote
RollerNut Posted October 23, 2014 Posted October 23, 2014 http://www.nolo.com/legal-encyclopedia/amusement-park-accidents-32457-2.html The question I answered did not include rider safety guides, furthermore are ride safeyy guides posted at mazes? Furthermore a Ride Safety Guide doesnt cover walking around the park. I object! Am I overruled? Furthermore, I source this site: Quote
shark6495 Posted October 23, 2014 Posted October 23, 2014 Unless they don't..... Lawyers are paid for a reason. 1 Quote
The Interpreter Posted October 23, 2014 Author Posted October 23, 2014 If ticket waivers DID hold up in all circumstances, why would parks lose some guests' lawsuits? Why would any park need insurance or to self insure? Can a park force a guest to give up the right to sue in order to gain admission? Terp, who likes to aak questions. Quote
RollerNut Posted October 23, 2014 Posted October 23, 2014 http://www.nolo.com/legal-encyclopedia/amusement-park-accidents-32457-2.html Dont most amusement parks settle out of court? Quote
The Interpreter Posted October 23, 2014 Author Posted October 23, 2014 Sometimes. Kings Island didn't on a Son of Beast case, until after liability was determined. Then they QUICKLY did. The plaintiff used a Paramount Parks admission device to gain entry, too.... Quote
RollerNut Posted October 23, 2014 Posted October 23, 2014 ^ Case in point! The "death" OF Son of Beast. If memory serves me right I tried to argue a similar point with Terpy.... It appears I learned one point. Quote
bkroz Posted October 23, 2014 Posted October 23, 2014 Does that fine print work in all cases? Of course not. But to say, 'Well, nobody reads it. I don't think it holds up in court.' The two aren't connected. That fine print is there for a reason and it has a purpose. Parks can still be at fault. My post was concerning whether or not that fine print is invalidated in court because not many people read it. Quote
shark6495 Posted October 23, 2014 Posted October 23, 2014 Depends, some credit card companies got in trouble because the fine print was too fine Quote
The Interpreter Posted October 23, 2014 Author Posted October 23, 2014 The sign in the parking lot at your local grocery store says: "Not responsible for Basket Damage." That's typically not true, but if you want to believe it, they'd appreciate it. See also the back of amusement park tickets/passes. Quote
RollerNut Posted October 23, 2014 Posted October 23, 2014 The real question pretaining to buggies is how much time and effort would it take to get the store to pay for damage, has anyone here ever tried it? I imagine most if not all stores would reference their signs which as Terpy said are not always true. 1 Quote
TTD-120-420 Posted October 24, 2014 Posted October 24, 2014 Better question: When was the last time Busch Gardens and the rest of the SEAS parks had good news? 4 Quote
BB1 Posted October 24, 2014 Posted October 24, 2014 Uhhh let's see here.......New Killer Whale exhibit in So Cal......um.....Manta......Kraken...I have nothing else.....I need to get back to SeaWorld! Everyone wants some more change in their pockets. I could see how this could happen, but I would not be surprised how she picked now to sue. Quote
shark6495 Posted October 24, 2014 Posted October 24, 2014 Unless it took this long for her to get fed up with what the park was saying or not doing. They could have been dragging their feet. Maybe she was advised to wait to make sure the baby developed normally? Quote
BloodBlade21 Posted October 24, 2014 Posted October 24, 2014 I believe that it is common for those bringing a civil suit to wait as long as possible to allow for most expected and unexpected costs from the injury to appear so that the plaintiff can sue for the full amount of damage. 3 Quote
The Interpreter Posted October 24, 2014 Author Posted October 24, 2014 It is doubtless at the end of the Statute of Limitations. It is customary to wait til then to file for many good and wise reasons. Terp, who is not engaged in the private practice of law in the District of Columbia, the Commonwealth of Virginia, or any United State. There is no legal advice meant for any particular client contained herein. You should consult a competent attorney in your jurisdiction if you have, or think you may have, a legal problem. This is a disclaimer. 1 Quote
rhyano Posted October 30, 2014 Posted October 30, 2014 Okay lady what do you thing going to Halloscreams WHEN YOUR PREGNANT I mean come on Quote
shark6495 Posted October 30, 2014 Posted October 30, 2014 Probably not expecting to get trampled. I mean I go to KI's Halloween stuff and I never expect to have the following happen: Get Stabbed Get Shot Get Punched Get Trampled Have vicious slurs slung at me Things I expect to happen: Scares people jumping/screaming eating drinking having fun 7 Quote
APE Posted October 31, 2014 Posted October 31, 2014 Okay lady what do you thing going to Halloscreams WHEN YOUR PREGNANT I mean come on This is just a stupid comment. There is nothing wrong with walking around the park and taking in the sights while pregnant. 6 Quote
rhyano Posted November 4, 2014 Posted November 4, 2014 What do you expect going to hallow screams though, this lawsuit does not make any sense Quote
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