CoastersNSich Posted July 24, 2006 Share Posted July 24, 2006 http://www.wcpo.com/news/2006/local/07/24/beast.html Injured Son of Beast Rider Files Suit Reported by: 9News Web produced by: Laura Hornsby Photographed by: 9News First posted: 7/24/2006 5:22:07 PM One of the riders who suffered injuries on the Son of Beast roller coaster at Kings Island has filed a lawsuit. The complaint against Cedar Fair and Paramount Parks alleges that the ride was not properly maintained. A structural engineer hired by the Ohio Department of Agriculture is now looking into what went wrong on Kings Island roller coaster. A preliminary investigation finds cracked and splintered wood may have caused the accident that left 31 people hurt on July 9. Quote Link to comment Share on other sites More sharing options...
CoastersRZ Posted July 24, 2006 Share Posted July 24, 2006 Well, it is kind of premature to determine if the ride was not properly maintained, considering the investigation has yet to be concluded. But the fact that it would not have been noticed during the morning inspection also means that there was no way they could have known that particular member was going to fail. Kings Island knows how to maintain their wooden coasters. The thing with Son of Beast is probably not maintenance of the ride, but the design of it. Quote Link to comment Share on other sites More sharing options...
Vortexlover2 Posted July 25, 2006 Share Posted July 25, 2006 wel... maybee wood just needs to be replaced- as I remember Son of Beast was built with wood that could withstand amazing friction, and maybee the "withstanding" is starting to go away. I mean how long can wood last under that kind of pressure? ~vl2 Quote Link to comment Share on other sites More sharing options...
GrandPoobah Posted July 25, 2006 Share Posted July 25, 2006 Someone looking to make a quick buck off of a settlement. This case won't make it to court. Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted July 25, 2006 Share Posted July 25, 2006 Someone looking to make a quick buck off of a settlement. This case won't make it to court. And you know this how? Quote Link to comment Share on other sites More sharing options...
flightoffear1996 Posted July 25, 2006 Share Posted July 25, 2006 I bet it makes it to court and I bet he wins some money. Quote Link to comment Share on other sites More sharing options...
teenageninja Posted July 25, 2006 Share Posted July 25, 2006 I'm so sick of you fan boys. A person got injured, you don't know the extent of his or her injury, in fact KI should pay for their hospital bills if not more. If this some how does not make it to court, then they will get an out of court settlement. Put yourself in their shoes. Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted July 25, 2006 Share Posted July 25, 2006 Again, how do you know this? And why do you assume the medical bills are not being paid by the park? Not all cases are settled. It's too early to know anything. The state's investigation isn't even concluded. . . Quote Link to comment Share on other sites More sharing options...
Purplehaze Posted July 25, 2006 Share Posted July 25, 2006 yes but it says when you buy a ticket or pass they are not liable, the rides are machines and they do break down, that is a part of life, i imagine they will give him a quick settlement...but i still think it is wrong Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted July 25, 2006 Share Posted July 25, 2006 That waiver on the ticket stub means...exactly nothing. Quote Link to comment Share on other sites More sharing options...
CoastersRZ Posted July 25, 2006 Share Posted July 25, 2006 You`d be surprised how many times lawsuits are brought against the park, and never made public because the parties involved settle out of court. (Even at Coney Island, people try and sue the park for what little money it has for various things that they believe they deserve money for). Quote Link to comment Share on other sites More sharing options...
screamingnight Posted July 25, 2006 Share Posted July 25, 2006 Why is he going to sue? I geuss once he gets his money SOB will just dissapear by magic. Hes money hungry. Quote Link to comment Share on other sites More sharing options...
WooferBearATL Posted July 25, 2006 Share Posted July 25, 2006 Someone looking to make a quick buck off of a settlement. This case won't make it to court. And you know this how? You and I have discussed this one before. This one actually has the potential to get really nasty. And this has a big exposure for CF. I think this is what will be the Death Knell of the SOB. Quote Link to comment Share on other sites More sharing options...
Outdoor Man Posted July 25, 2006 Share Posted July 25, 2006 I agree with WooferBear.... personal injury attornies feast on such things. Yes, lawsuits brought against KI probably happen on a daily basis... but none like this. An actual event that cannot be disputed by anyone. There will be a settlement(s)... and it probably won't be a fun day for the insurer of KI... and I'd be willing to bet as a continuing stipulation... they won't cover SOB in the future. With all the negative press for this... not saying it couldn't happen again, but I'd be REAL shocked if SOB carried another living sole around it's tracks again. With lawsuits coming in (both legit and frivolous)- it won't take long for the tab to equal the original cost of the coaster.. I hear taps playing in the wind. Quote Link to comment Share on other sites More sharing options...
CoastersNSich Posted July 25, 2006 Author Share Posted July 25, 2006 I'm so sick of you fan boys. A person got injured, you don't know the extent of his or her injury, in fact KI should pay for their hospital bills if not more. If this some how does not make it to court, then they will get an out of court settlement. Put yourself in their shoes. I'm with your sentiment. While a fan of the park, I think the plaintiff has a case. That person's injury resulted from possible negligence by the park/designer/builder, and not by way of misconduct. Everyone, from the most casual parkgoer who only goes once a year or so, to those like me who go weekly, expect a safe, comfortable ride everytime. Now, I might argue that intense super coasters like SOB are not for everyone, but what happened on 7/9 was unacceptable. Quote Link to comment Share on other sites More sharing options...
screamingnight Posted July 25, 2006 Share Posted July 25, 2006 How is putting a lawsuit against KI gonna help your injury? Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted July 25, 2006 Share Posted July 25, 2006 I just want to know why some people KNOW this will be settled while others are just as certain it will go to court. I am in neither camp, but do point out something: There are some plaintiffs who sue, not because of money, but because they want to air IN PUBLIC what happened to them and show the defendant was mean spirited, not careful, etc. Some defendants are not willing to settle when they believe they did everything they could have to prevent injuries and harm. Some lawsuits are not about money, they are about regaining face, about making things right with the world, about crusades to fix a problem. And some lawsuits are settled because the defendants agree to make changes that have nothing to do with money. I, for one, would never make a prediction as to whether or not this case (or these cases, as may develop) will settle. The simple matter is that it takes BOTH sides to come to a settlement. I, too, think they probably will settle. But I am unable and unwilling to say there is no way these cases will go to court. There is a way, and it could happen. If the plaintiffs do not want to settle, there is no law that says they have to. They are entitled to their day in court, and may well want to have it. Or they may want only money, get offered some and go away. Only the plaintiffs and defendants (and insurance companies) will make these decisions. Not park fans, not interested but unrelated industry people and certainly not interested passers by on message boards. Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted July 25, 2006 Share Posted July 25, 2006 Here is an article from today's Enquirer: http://news.enquirer.com/apps/pbcs.dll/art.../607250342/1056 Quote Link to comment Share on other sites More sharing options...
Captain Picard Posted July 25, 2006 Share Posted July 25, 2006 I don't know what the big deal is here, they are entitled to money for their pain and bills. This is the only thing that can be done unless you have a time machine and you can take them back to before it happened. lawsuits are settled out of court because the defendants don't want their check book in the hands of a jury. Also, I think the details are not made public if they settle. Quote Link to comment Share on other sites More sharing options...
GrandPoobah Posted July 25, 2006 Share Posted July 25, 2006 I think KI will pay whatever it takes, even if its some exorbitant amount, to keep the case out of court. Companies always do this, to avoid negative publicity. I just don't see any way that this is any different. And you may be right: this plaintiff may want to air out all their gripes about SoB in public. However, when presented with a choice between a big fat check, and a months-long legal battle with an uncertain outcome...that would definitely influence them. That's precisely why you don't see cases like these end up in court. Quote Link to comment Share on other sites More sharing options...
CoastersRZ Posted July 25, 2006 Share Posted July 25, 2006 You have to love the quote by the attorny in the article. "The reason we are filing this early is to find out what was going on with this ride." Isn`t that kind of a mute point since the Ohio Department of Agriculture is conducting a thorough investigation and will release a report of what went wrong when their investigation wraps up? I know they released a report after they investigated the Flight Commander incident. It was that report that said the restraints were improperly designed to hold in single riders in the capsules. As a result, the ride manufacturer changed the restraint system on the ride before it was allowed to reopen. Quote Link to comment Share on other sites More sharing options...
WooferBearATL Posted July 25, 2006 Share Posted July 25, 2006 It's very interesting that it was actually filed in court rather than attempting to negotiate and settle at first. Usually an injury claim will go months and up to two years before an attorney will actually file. I think with the easily documentable past of SOB that the Plaintiff Council feels that the could move directly to trial. Quote Link to comment Share on other sites More sharing options...
Captain Picard Posted July 25, 2006 Share Posted July 25, 2006 I think you have to file within 2 years. This will go on for years not months, the woman will not have everything from her doctors for probably a year. The other people will also have up to 2 years to file. Ohio Statute of Limitations Personal Injury: 2 years for actions involving bodily injury; otherwise 1 year. Quote Link to comment Share on other sites More sharing options...
WooferBearATL Posted July 25, 2006 Share Posted July 25, 2006 I think you have to file within 2 years. This will go on for years not months, the woman will not have everything from her doctors for probably a year. The other people will also have up to 2 years to file. Ohio Statute of Limitations Personal Injury: 2 years for actions involving bodily injury; otherwise 1 year. You have to file within two years for Personal Injury. Once you file, the statute is saved and the litigation can go on for years. Quote Link to comment Share on other sites More sharing options...
Kenban Posted July 25, 2006 Share Posted July 25, 2006 Do not assume Cedar Fair is on the hook for this. They have insurance for a reason. I think it would have been better to wait until the state releases their findings though. Quote Link to comment Share on other sites More sharing options...
Captain Picard Posted July 25, 2006 Share Posted July 25, 2006 Do not assume Cedar Fair is on the hook for this. They have insurance for a reason. I think it would have been better to wait until the state releases their findings though. Insurance cost increase with things like this so Cedar Fair is on the hook. With them just getting the parks from CBS, I bet CBS is on the the hook as much as Cedar Fair Quote Link to comment Share on other sites More sharing options...
marlfox_21 Posted July 25, 2006 Share Posted July 25, 2006 It is the due responsibility of the park to be responsible for individuals safety. I am so sick and tired of reading childish comments like " I can't wait for the ride to open. I want to ride this ride. Etc... "LET ME CRY YOU A F'n River!" The reality is this. Paramount parks is under investigation. PEOPLE GOT HURT. The possibility of people getting hurt again is there!!!!! THE PARK SHOULD NOT RE-OPEN THIS RIDE UNTIL THE STATE AND THE NEW OWNERS ARE COMPLETELY SATISFIED THAT THIS LIABILITY IS KNOCKED DOWN TO THE LOWEST POSSIBLE PERCENTAGE AS CAN POSSIBLY BE EXPECTED FOR ANY RIDE. And if this is a conclusion that cannot be reached easily. Then the ride should be shut down for as long as necessary in order for this demand to become a reality. ( NOT BASED ON A GROUP OF SELFISH INDIVIDUALS MOANING AND WHINING ABOUT WANTING TO BE ABLE TO RIDE IT ) If not, then the ride should be dismantled. This should be common sense folks. The park is not going to simply reopen the ride for local fans. Safety is the number 1 priority at any business operating in the United States. And in this case, of course it could go to court. PEOPLE WERE HURT! It is not like it is some secret blowing in the wind. This is a hard drawn fact. It happened. There is no speculation about anyone simply making up some accident and claiming false injury. It is all over the media. The information is available to anyone. And I would not be surprised to see other lawsuits follow. And in response to those lawsuits, I wouldn't be surprised to see Cedar Fair follow Suit with C.B.S. for the rides condition of sale, and what they expected for it to be. You people need to realize that this is happening, and that these lawsuits are probably going to take place. And yes, for those of you sucking your thumbs, Whining about not being able to ride the ride, a lawsuit would most likely postpone the re-opening of the ride even longer. I love Kings Island. But some things are simply more important than being able to ride some attraction. ANY INDIVIDUALS WELL BEING IS FAR MORE IMPORTANT THAN A RIDE REMAINING OPEN FOR OTHERS. IT IS WRONG WHEN JUST ONE PERSON GETS HURT. AND THEY HAVE EVERY LEGAL RIGHT IN THE WORLD TO DESIRE TO FOLLOW THROUGH WITH A LAW SUIT. M.F. Quote Link to comment Share on other sites More sharing options...
Purplehaze Posted July 25, 2006 Share Posted July 25, 2006 wow marl who crapped in your wheaties, everyone has the right to want the ride to open and get to ride it, there is nothing wrong with it, everyone also knows it will not reopen until it gets a good bill of health, then you go on how sick you are about people whining......what are you doing? whining about others....if you dont like these forums open your own up.....these forums are for just that, expressing your opinion. personally i dont like the sob and i dont care to ride it.....and i hope to god it doesnt and wont ever open if they cant find a solution....... Quote Link to comment Share on other sites More sharing options...
marlfox_21 Posted July 25, 2006 Share Posted July 25, 2006 Oh, I enjoy the forums. I just have to question people who act as though people getting hurt on an amusement parks major attraction is no big deal. Almost-KEY WORD THERE- ALMOST...all of the forums are comments that I agree with. But when an individual questions someones rights after they are hurt, honestly, surely you get my point. I'm not attacking you here. But standards should be placed higher in some cases. Quote Link to comment Share on other sites More sharing options...
Purplehaze Posted July 25, 2006 Share Posted July 25, 2006 i agree with that, and in this particular case i think they should be compensated somehow for this mess but alot of people sue pki over stupid stuff....and get away with it.....i would imagine most cases are settled before trial to save money.....some people are gready....i remember reading a case(nothing to do with pki) where a door to door sales man tripped on someones stairs and broke his ankle, there was nothing wrong with the stairs, the guy just had an accident and sued the homeowner and won for alot of moola, that to me is wrong, gready people are everywhere, but then again in this case with the sob i think they should proceed in the lawsuit..... Quote Link to comment Share on other sites More sharing options...
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