Boy Killed on Kansas Water Slide

[Anonymous]

Anonymous wrote:

Anonymous wrote:Absolutely heartbreaking. And to think the boy's brother witnessed it. Pray this never happens to anyone else.

Obviously this is awful for the family, but after reading that article, I also feel really badly for the other two women in the raft. I can't imagine how you get past witnessingthat. I'm not going to quote the part of the story about it for the squeamish in this thread, but that's got to be nightmare-inducing for a long, long time.

+1. I hate myself for reading that article.

[Anonymous]

And FWIW, Schwab was a "yea" on the vote for that bill.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So the boy's funeral is Fri. So amidst the devastating loss, coping with it, and getting condolences from all over, the family has the presence of mind to sift through the (I'm guessing) multiple offers from attorneys to represent them? It's really hard to understand certain American's mindsets in rushing to get legal representation and sue within a few days of such tragedy. Sure they should sue, but what's the rush or advantage to select someone right now? They would have had to take time and effort to make an informed decision in their selection.

From the news:

The Schwabs have hired Michael Rader and Edward Robertson Jr. from the Leawood law firm Bartimus Frickleton Robertson. The firm said neither the family nor its lawyers would make public statements about the incident until an investigation was concluded.

Because Schlitterbahn has been lawyered up from moment one. Its to even the playing field. I don't blame the parents one bit. In addition to being devastated, they are PISSED. And rightly so.

Justice here would see this establishment sued out of business. No amount of damages can compensate of course. But if there was negligence, one must pay (civilly and criminally). Just awful.

Didn't someone report there was a $250,000 cap on non-economic damages in Kansas? Not sure how that would factor into a payout. If the family can't get more than $250k in a lawsuit, the waterpark will be just fine.

With a decent lawyer they should be able to get more (eg compensation for psychological therapy that will result from the accident, lost support that the child would have provided his parents as an adult, etc.). But you can't get the emotional distress or punitive damages that provide an incentive to companies to make things safe.

Wait, what? What other case has ever resulted in a judgment including specific dollar amounts for what a 10 year could *theoretically* have ever contributed to his parents monetarily as an adult? Specific costs related to medical bills, psychiatric treatment, yes, I've heard of that. I do not believe they could be awarded financial damages for the loss of what a 10 year old child *may* have grown up to not only earn, but then give back to his parents.

[Anonymous]

I hope the ride is torn down. So sad.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So the boy's funeral is Fri. So amidst the devastating loss, coping with it, and getting condolences from all over, the family has the presence of mind to sift through the (I'm guessing) multiple offers from attorneys to represent them? It's really hard to understand certain American's mindsets in rushing to get legal representation and sue within a few days of such tragedy. Sure they should sue, but what's the rush or advantage to select someone right now? They would have had to take time and effort to make an informed decision in their selection.

From the news:

The Schwabs have hired Michael Rader and Edward Robertson Jr. from the Leawood law firm Bartimus Frickleton Robertson. The firm said neither the family nor its lawyers would make public statements about the incident until an investigation was concluded.

Because Schlitterbahn has been lawyered up from moment one. Its to even the playing field. I don't blame the parents one bit. In addition to being devastated, they are PISSED. And rightly so.

Justice here would see this establishment sued out of business. No amount of damages can compensate of course. But if there was negligence, one must pay (civilly and criminally). Just awful.

Didn't someone report there was a $250,000 cap on non-economic damages in Kansas? Not sure how that would factor into a payout. If the family can't get more than $250k in a lawsuit, the waterpark will be just fine.

With a decent lawyer they should be able to get more (eg compensation for psychological therapy that will result from the accident, lost support that the child would have provided his parents as an adult, etc.). But you can't get the emotional distress or punitive damages that provide an incentive to companies to make things safe.

And couldn't they argue their own lost wages due to inability to work from extreme grief?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So the boy's funeral is Fri. So amidst the devastating loss, coping with it, and getting condolences from all over, the family has the presence of mind to sift through the (I'm guessing) multiple offers from attorneys to represent them? It's really hard to understand certain American's mindsets in rushing to get legal representation and sue within a few days of such tragedy. Sure they should sue, but what's the rush or advantage to select someone right now? They would have had to take time and effort to make an informed decision in their selection.

From the news:

The Schwabs have hired Michael Rader and Edward Robertson Jr. from the Leawood law firm Bartimus Frickleton Robertson. The firm said neither the family nor its lawyers would make public statements about the incident until an investigation was concluded.

Because Schlitterbahn has been lawyered up from moment one. Its to even the playing field. I don't blame the parents one bit. In addition to being devastated, they are PISSED. And rightly so.

Justice here would see this establishment sued out of business. No amount of damages can compensate of course. But if there was negligence, one must pay (civilly and criminally). Just awful.

Didn't someone report there was a $250,000 cap on non-economic damages in Kansas? Not sure how that would factor into a payout. If the family can't get more than $250k in a lawsuit, the waterpark will be just fine.

With a decent lawyer they should be able to get more (eg compensation for psychological therapy that will result from the accident, lost support that the child would have provided his parents as an adult, etc.). But you can't get the emotional distress or punitive damages that provide an incentive to companies to make things safe.

And couldn't they argue their own lost wages due to inability to work from extreme grief?

Theoretically, they should be, but with that cap, who knows. I get there's good lawyers and bad lawyers. I'm not sure if you can out-lawyer a legal cap passed by that state's legislature.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So the boy's funeral is Fri. So amidst the devastating loss, coping with it, and getting condolences from all over, the family has the presence of mind to sift through the (I'm guessing) multiple offers from attorneys to represent them? It's really hard to understand certain American's mindsets in rushing to get legal representation and sue within a few days of such tragedy. Sure they should sue, but what's the rush or advantage to select someone right now? They would have had to take time and effort to make an informed decision in their selection.

From the news:

The Schwabs have hired Michael Rader and Edward Robertson Jr. from the Leawood law firm Bartimus Frickleton Robertson. The firm said neither the family nor its lawyers would make public statements about the incident until an investigation was concluded.

Because Schlitterbahn has been lawyered up from moment one. Its to even the playing field. I don't blame the parents one bit. In addition to being devastated, they are PISSED. And rightly so.

Justice here would see this establishment sued out of business. No amount of damages can compensate of course. But if there was negligence, one must pay (civilly and criminally). Just awful.

Didn't someone report there was a $250,000 cap on non-economic damages in Kansas? Not sure how that would factor into a payout. If the family can't get more than $250k in a lawsuit, the waterpark will be just fine.

With a decent lawyer they should be able to get more (eg compensation for psychological therapy that will result from the accident, lost support that the child would have provided his parents as an adult, etc.). But you can't get the emotional distress or punitive damages that provide an incentive to companies to make things safe.

I don't think that cap applies to punitive damages. Someone knowledgable about Kansas law would have to fill me in, but noneconomic damages and punitive damages are generally thought of as two different things. A just punitive damage award would theoretically total whatever dollar amount is needed to shutter this bizarre-seeming enterprise and send a serious message to carnival barkers that they are on notice. Then, yes, the federal government needs to step in and regulate any and all amusement parks to the greatest extent feasible.

[Anonymous]

Pp who looked up the bill and unless I am totally reading wrong, the cap DOES include punitive damages.

[Anonymous]

Anonymous wrote:Pp who looked up the bill and unless I am totally reading wrong, the cap DOES include punitive damages.

Agree. I think "non-economic" is just another word for punitive.

[Anonymous]

The park was scheduled to re-open today at noon. Verruckt will remain closed. How many people went to that park today???

[Anonymous]

Anonymous wrote:The park was scheduled to re-open today at noon. Verruckt will remain closed. How many people went to that park today???

Probably a lot. Nobody has died on the other rides.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Pp who looked up the bill and unless I am totally reading wrong, the cap DOES include punitive damages.

Agree. I think "non-economic" is just another word for punitive.

I can't find where I originally saw it clearly spelled out but unless I am totally mistaken, and I don't think I am, there is no cap on economic damages (I.e if you can prove you suffered $1 million in economic damages you can get that) but for non- economic damages, including medical malpractice and WRONGFUL DEATH, the cap is right now, since 2014, $300k period, full stop.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Pp who looked up the bill and unless I am totally reading wrong, the cap DOES include punitive damages.

Agree. I think "non-economic" is just another word for punitive.

I can't find where I originally saw it clearly spelled out but unless I am totally mistaken, and I don't think I am, there is no cap on economic damages (I.e if you can prove you suffered $1 million in economic damages you can get that) but for non- economic damages, including medical malpractice and WRONGFUL DEATH, the cap is right now, since 2014, $300k period, full stop.

Right. If my 35 yo DH dies as a result of a company's negligence, my family loses $300k/year for the next 30 years. But with a kid that's hard. What a weird law.

[Anonymous]

During the trial, will the Schlitterbahn lawyers bring up the fact that the dad voted to limit regulations and limit the cap?

[Anonymous]

Anonymous wrote:I went and double checked. Pursuant to Kansas Senate Bill 311 passed in 2014, the amount that can be awarded for damages is rising incrementally in years. Currently, any action taking place after July 2014 can result in a max $300k payout. In 2018 that will rise to $325 before capping out at $350k in 2022.

So, the Schwabs can get, maximum, even including pain and suffering, $300k from this.

No amount is going to bring their son back. If I were in their shoes I would want them to be held criminally responsible for this. I'm not sure that criminal charges are possible but it sure seems like they should be.