Anonymous
08/10/2016 15:19
Subject: Boy Killed on Kansas Water Slide
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.
Anonymous
08/10/2016 15:19
Subject: Boy Killed on Kansas Water Slide
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.
So, the Schwabs can get, maximum, even including pain and suffering, $300k from this.
Anonymous
08/10/2016 15:12
Subject: Boy Killed on Kansas Water Slide
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.
Right. Which is why the creators of the ride chose KC. Disgusting.
Anonymous
08/10/2016 15:10
Subject: Re:Boy Killed on Kansas Water Slide
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.
Anonymous
08/10/2016 15:10
Subject: Boy Killed on Kansas Water Slide
Anonymous wrote:Anonymous wrote:Anonymous wrote:
I might have missed this earlier, my apologies in advance. How is the testing/inspection done in this area different than what is done in Kansas? Do we have state agencies doing the inspections and they do not? Or are there no requirements for daily inspections by park staff, etc?
I saw a news show in the last year or two at Six Flags that said park staff walk the tracks, run the rides w/o people, and then w/ park workers every morning before they open. Just trying to follow how this is different than what is done (or not done in Kansas).
All parks do daily inspections like at Six Flags. Even the ones in Kansas. In MD, someone from the state inspects on an annual basis. In VA, someone certified by the state inspects before operation. DC has no amusement parks. PA requires monthly inspection by a qualified inspector.
Everyday a state worker inspects every ride? Or do you mean once before the ride is first put into use?
In VA, someone certified by the state inspects before operation. Does not have to be employed by the state. Most likely the parks have someone on staff who has taken the certification exam, who oversees daily inspections.
Anonymous
08/10/2016 15:06
Subject: Boy Killed on Kansas Water Slide
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.
Anonymous
08/10/2016 15:00
Subject: Boy Killed on Kansas Water Slide
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.
I suppose that "legally" they could say that the riders were on notice that there was risk because the scale on the top of the slide was not working and the attendants had no way to verify weights, right? Obviously if the scale is not working it was up to the riders to verify that they met the weight requirements of the ride.....I can almost hear the defense now. Makes me sick.
No, that won't work. I am appalled to read that this place is apparently reopening. Sick beyond comprehension.
Hell no that won't work. But I can see a slime ball trying to use that excuse.
Anonymous
08/10/2016 14:57
Subject: Boy Killed on Kansas Water Slide
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.
I suppose that "legally" they could say that the riders were on notice that there was risk because the scale on the top of the slide was not working and the attendants had no way to verify weights, right? Obviously if the scale is not working it was up to the riders to verify that they met the weight requirements of the ride.....I can almost hear the defense now. Makes me sick.
No, that won't work. I am appalled to read that this place is apparently reopening. Sick beyond comprehension.
Anonymous
08/10/2016 14:50
Subject: Boy Killed on Kansas Water Slide
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.
I suppose that "legally" they could say that the riders were on notice that there was risk because the scale on the top of the slide was not working and the attendants had no way to verify weights, right? Obviously if the scale is not working it was up to the riders to verify that they met the weight requirements of the ride.....I can almost hear the defense now. Makes me sick.
Anonymous
08/10/2016 14:46
Subject: Boy Killed on Kansas Water Slide
Anonymous wrote:Anonymous wrote:Anonymous wrote:How on earth can netting cause decapitation? I understand the raft was traveling at high speeds, but this is just insane to me.
There was at least one gap on the slide that did not have netting - this gap appears to be there as part of the design, not because the net got torn or anything. If a person launched up from the raft at that gap and their neck collided with the edge of that netting structure --- ^ ---- at 65 or so mph they would be badly injured.
Someone isn't going to randomly launch upwards. They're only going to launch upwards at the point where they have upward momentum, and the raft starts to turn down, which is at the top of the second hill.
True. I wasn't clear on where the netting gap(s) were until I read the article about the possible explanation for the accident. I really didn't know anything about the material of the netting or of the supporting posts. From the picture posted in the article it looks as the the netting had a fair amount of give to it but the posts were rigid.
Anonymous
08/10/2016 14:45
Subject: Boy Killed on Kansas Water Slide
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.
Anonymous
08/10/2016 14:39
Subject: Re:Boy Killed on Kansas Water Slide
Absolutely heartbreaking. And to think the boy's brother witnessed it. Pray this never happens to anyone else.
Anonymous
08/10/2016 14:38
Subject: Boy Killed on Kansas Water Slide
Anonymous wrote:Anonymous wrote:How on earth can netting cause decapitation? I understand the raft was traveling at high speeds, but this is just insane to me.
There was at least one gap on the slide that did not have netting - this gap appears to be there as part of the design, not because the net got torn or anything. If a person launched up from the raft at that gap and their neck collided with the edge of that netting structure --- ^ ---- at 65 or so mph they would be badly injured.
Someone isn't going to randomly launch upwards. They're only going to launch upwards at the point where they have upward momentum, and the raft starts to turn down, which is at the top of the second hill.
Anonymous
08/10/2016 14:33
Subject: Boy Killed on Kansas Water Slide
Anonymous wrote:Anonymous wrote:
I might have missed this earlier, my apologies in advance. How is the testing/inspection done in this area different than what is done in Kansas? Do we have state agencies doing the inspections and they do not? Or are there no requirements for daily inspections by park staff, etc?
I saw a news show in the last year or two at Six Flags that said park staff walk the tracks, run the rides w/o people, and then w/ park workers every morning before they open. Just trying to follow how this is different than what is done (or not done in Kansas).
All parks do daily inspections like at Six Flags. Even the ones in Kansas. In MD, someone from the state inspects on an annual basis. In VA, someone certified by the state inspects before operation. DC has no amusement parks. PA requires monthly inspection by a qualified inspector.
Everyday a state worker inspects every ride? Or do you mean once before the ride is first put into use?
Anonymous
08/10/2016 13:55
Subject: Boy Killed on Kansas Water Slide
Anonymous wrote:Anonymous wrote:How on earth can netting cause decapitation? I understand the raft was traveling at high speeds, but this is just insane to me.
This article provides a plausible explanation of how the injury happened. It's horrendous.
http://sandrarose.com/2016/08/caleb-schwab-10-decapitated-on-worlds-tallest-water-slide/
This version makes sense. It didn't even have to happen at the gap as it turns out. Awful.