Pruett Nance was hurt riding an all-terrain vehicle on the grounds of a no-longer-operating theme park in Arkansas, Dogpatch USA. The owners having not paid a $650,000 judgment, a judge has awarded Nance ownership of the park. [Arkansas Online via Childs, TortsProf]
Posts Tagged ‘amusement parks’
October 11 roundup
- “Feds seek to halt inmate’s frequent lawsuits” [AP; J.L. Riches]
- “SeaWorld Blasts ‘Improper’ Suit Over Trainer’s Death” [OnPoint News, earlier]
- Does new NY law serve as road map for charities that wish to defy donor intent? [CultureGrrl]
- Cruise ship case an example of tensions that arise when defense lawyers jump fence to join plaintiffs’ side [Julie Kay, DBR]
- More on Connecticut AG Richard Blumenthal’s “my lawsuits create jobs” stance [Bainbridge; related, New York Times Magazine (opponent MacMahon: “His business is suing people.”)]
- Australia: “Autistic student sues over test” [The Age]
- “The most conservative court? Hardly” [Jacoby, Globe] And Justice Breyer, for one, has “rejected the notion that the U.S. Supreme Court has a pro-business slant and said the court doesn’t rule in favor of companies any more frequently than it has historically.” [Bloomberg via Adler, Volokh]
- “Abducted by aliens? Call now for compensation” [four years ago on Overlawyered; Germany]
SeaWorld lawsuit: seeing orca attack traumatized our kid
“A New Hampshire family who witnessed the Feb. 24 death of a killer-whale trainer at SeaWorld Orlando has sued the company in state court in Orlando, claiming their child was traumatized by the event.” [Orlando Sentinel]
“Sick Duck: Did Tigger and Donald Duck grope women at Disney World?”
William Saletan investigates a curious genre of harassment case [Slate; more at Atlantic Wire]
May 5 roundup
- Jury rules for Disney in case of man who said Tower of Terror theme park ride caused him to have stroke [Orlando Sentinel]
- The most dangerous place on earth is getting caught between Dick Blumenthal and a television camera.” Craigslist snipes back against demagogic Connecticut AG [Craigslist blog, Antle/American Spectator, earlier]
- U.K.: prisoner falls from bunk bed, wins £4.7m [Times Online]
- New York Times jealously guards its own sources’ right to speak with anonymity, doesn’t feel quite that way about others’ [Stoll]
- SUNY Buffalo mathematician/HuffPo blogger: why’d they let that awful Eugene Volokh into the country? [Volokh vs. Jonathan David Farley, Greenfield, background]
- College journalist won’t face criminal trespass charges after all in showdown over photographing escaped cows [Romenesko and update]
- Regulating “the American palate” — by what authority? [Healy, Examiner] More links on FDA salt regulation [Compton/CEI, ShopFloor (on CSPI), earlier here, here, etc.]
- Why one putative beneficiary decided not to file $2 claim after settlement of AT&T class action [Chidem Kurdas, Christian Science Monitor]
Disneyland’s babysitter list
Cory Doctorow describes what sounds like a heavily lawyered-up recommendation process. [Flickr]
Welcome Above the Law readers (Sea World killer whale lawsuit?)
Reporting on possible legal angles arising from a veteran trainer’s death, the popular blog links to this post of ours from last year about how Florida amusement and theme parks appear to be aggressive and successful in defending against litigation.
U.K.: hyperactive kids given queue-jump passes
Because having to wait in the regular line for a ride at the amusement park might be too stressful. A note from a doctor is needed. [Daily Mail]
Lawsuits against theme parks, and fee-shifting
Disney, Universal and Busch Entertainment weren’t eager to discuss the details of their legal defense but that didn’t stop the Orlando Sentinel from developing a searchable database of 477 state and federal cases filed against the three companies over the years 2004-08. Most cases were slip-falls, very few went to trial as opposed to settling, and in general the companies seemed to enjoy a fair bit of success both at satisfying patrons before their discontents reached the stage of lawsuits and at defending against the suits if brought.
It seems the companies are also willing to utilize provisions of Florida law that go further in the direction of “loser-pays” than do the laws of many other states:
Plaintiffs who lose sometimes end up footing the theme parks’ legal bills. The theme-park companies can, and do, go after unsuccessful plaintiffs, seeking reimbursement for their legal expenses. Under Florida law, anyone who sues anyone else over a personal injury faces this possibility. If the defendant offers a settlement but the plaintiff rejects it and then loses the case (or, in some circumstances, even if the plaintiff wins the case), the defendant can demand the plaintiff pay the defendant’s legal bills.
Reports of other successful defendants pressing their rights under such provisions in Florida or elsewhere are not exactly common, leaving the question of whether 1) the theme parks are making more aggressive use of the Florida rules than other defendants, 2) plaintiffs who go to trial against theme parks are atypical in some way, or 3) other defendants use the fee-shift provisions too, but we just don’t hear about it much.
May 6 roundup
- Eeeeuw! Missouri woman’s suit says she was groped by Chuck E. Cheese mascot [Heller/OnPoint News] Parade of other bad things that can happen at theme enterprises and amusement parks [Lemondrop.com]
- “The Doctor Will Sue You Now”: why chapter about scientist-turned-vitamin salesman and his relations with African-leader “AIDS dissidents” is missing from book by British writer Ben Goldacre [BoingBoing]
- Just trying to make an honest living? “A former federal prosecutor who became one of New Jersey’s brashest and best-known criminal defense lawyers pleaded guilty today to helping run an exclusive Manhattan call-girl ring.” [Newark Star-Ledger via ABA Journal]
- “Perez Hilton Sends DMCA Takedown Over Anti-Gay-Marriage Ad” [Citizen Media Law]
- How not to get excused from jury service [Lowering the Bar; Montana, via Smoking Gun, etc.]
- Multiplied vexation: “Stopping a serial suer” [SE Texas Record]
- If exhortation does any good: “Judge Exhorts Class Action Lawyers to Forestall Feeding Frenzy Over Fees” [Henry Gottlieb, NJLJ]
- More on bodega raids by rogue Philadelphia narcotics unit [Radley Balko, earlier here and here]