OT Legal Question

[ABM]

By now, I'm pretty certain most of us have heard about this tragic amusement park accident that killed a child:

https://www.usatoday.com/story/news...nts-iowa-abc-good-morning-america/7876308002/

So, I'm pretty certain adults and/or legal guardians sign some type of waiver "supposedly" waiving all liabilities on the park's part.

My question is, when and how do those waivers stand up in court? I'm guessing, in this case, said document would be tossed away as useless? Perhaps, they work if a rider does something against whatever rules/procedures they have in place(?)

 

[EL PRESIDENTE]

There are no total liability waivers. They can still be negligent.

 

[Chris Craig]

By now, I'm pretty certain most of us have heard about this tragic amusement park accident that killed a child:

https://www.usatoday.com/story/news...nts-iowa-abc-good-morning-america/7876308002/

So, I'm pretty certain adults and/or legal guardians sign some type of waiver "supposedly" waiving all liabilities on the park's part.

My question is, when and how do those waivers stand up in court? I'm guessing, in this case, said document would be tossed away as useless? Perhaps, they work if a rider does something against whatever rules/procedures they have in place(?)

Signing a waiver? I have never signed any waivers in any amusement park I have ever been to. I know some parks have limitations of liability on the backs of tickets, bracelets and such or posted on signs at the entrance (ticket booth) of the park or rides, but in court those don't mean shit.

 

[ABM]

Signing a waiver? I have never signed any waivers in any amusement park I have ever been to. I know some parks have limitations of liability on the backs of tickets, bracelets and such or posted on signs at the entrance (ticket booth) of the park or rides, but in court those don't mean shit.

Why are they there then?

 

[riverman]

Maybe hire a lawyer for legal consultation? Just a thought..

 

[Chris Craig]

Why are they there then?

As an attempt to dispel responsibility in the case something happens. But, in the case of signs and warnings on bracelets those waivers are very limited. If you ever read those things they are very broad. But, and no amusement park will ever tell you this...they cannot waive responsibility for certain things like mechanical failure.

Even if you do sign something it isn't likely to hold up because they can't really waive responsibility for something of that magnitude. A good lawyer will argue that any parkgoer signing or reading one those broad waivers is simply acknowledging there is a risk, not they are responsible for something such as a mechanical failure.

 

[Chris Craig]

Mostly those waivers save these parks in cases not involving mechanical failure such as if someone with a health issue goes on a ride with warnings saying hey don't go on this ride if you have such a health issue and that person dies or has a heart attack.or something then the park is not liable for that.

Again though an amusement can't waive liability for mechanical failure. They won't tell you that...but something to that magnitude goes beyond those limited waivers.

 

[Chris Craig]

Waivers signed or not, this park is going to get their balls sued off and they are going end up paying that family a lot of money.

 

[Shaboid]

Waivers signed or not, this park is going to get their balls sued off and they are going end up paying that family a lot of money.

Their insurance company is going to pay the family a lot of money.

 

[Chris Craig]

Their insurance company is going to pay the family a lot of money.

Right

 

[Shaboid]

Right

Random thought; I wonder who's insurance costs are higher, an amusement park's or an oil tanker's.

 

[Chris Craig]

Random thought; I wonder who's insurance costs are higher, an amusement park's or an oil tanker's.

Oil Tanker

Amusement Parks don't spend as much as you would think

 

[Lanny]

By now, I'm pretty certain most of us have heard about this tragic amusement park accident that killed a child:

https://www.usatoday.com/story/news...nts-iowa-abc-good-morning-america/7876308002/

So, I'm pretty certain adults and/or legal guardians sign some type of waiver "supposedly" waiving all liabilities on the park's part.

My question is, when and how do those waivers stand up in court? I'm guessing, in this case, said document would be tossed away as useless? Perhaps, they work if a rider does something against whatever rules/procedures they have in place(?)

They work to some extent. You can't rely on a document to keep you out of a pickle if someone uses malice or something they didn't care to attend to which might contribute to the damage. I'm no lawyer but I'm not stupid, either.