Posts Tagged ‘amusement parks’

Disney thrill ride therapeutic, woman says

“A Florida woman who claims the G-forces from a theme park ride relieve her chronic pain has sued Walt Disney World for breaching its contract with visitors by limiting her to four rides per visit on its Tower of Terror. … In a complaint filed last month in Osceola County, Fla., Denise Mooty alleges she needs the Tower of Terror for therapy rather than thrills.” Disney denies the charges and says Mooty was made to leave the park “for causing a disturbance within the presence of other guests and using foul language toward a Cast Member.” [Heller, OnPoint News]

July 31 roundup

  • Raft-flip mishap at Riviera Beach, Fla. water park: family’s collective weight far exceeded posted limit on warning signs, they’re mulling suit [Palm Beach Post]
  • New Rigsby/Katrina depositions include sensational new allegations of Scruggs misconduct as well as touches of pathos [Point of Law]
  • “Al Gore Places Infant Son In Rocket To Escape Dying Planet” [The Onion]
  • So much coverage of Hasbro vs. Scrabulous but so little solid reportage by which readers might judge strength of copyright infringement claims [Obbie]
  • City of Seattle spokesman says police actions in shootout with gunman might have “saved countless other lives”, which hasn’t saved city from being sued by injured bystander [Seattle Times]
  • First the vaccine-autism scare, now this? “Mercury militia” crows after FDA agrees to move forward with statement on possible risks of dental amalgam, but maybe there’s not a whole lot for them to chew on [Harriet Hall, Science-Based Medicine]
  • Of lurid allegations in paralegal Angela Robinson’s suit against Texas plaintiff potentate Richard Laminack, the most printable are the ones about chiseling fen-phen clients and not paying overtime [American Lawyer; Laminack response]
  • U.K. attorney suing former bosses for £19 million: that wasn’t me at the interview, that was my alternative personality [Times Online]
  • Allegation: Foxwoods croupier thought he could mutter lewd comments in Spanish about Anglo female patrons, but guess what, one was entirely fluent [NY Post]
  • “Richard Branson claims to own all uses of ‘Virgin'” [three years ago on Overlawyered]

May 28 roundup

  • More on that New Mexico claim of “electro-sensitive” Wi-Fi allergy: quoted complainant is a longtime activist who’s written an anti-microwave book [VNUNet, USA Today “On Deadline” via ABA Journal]
  • Your wisecracks belong to us: “Giant Wall of Legal Disclaimers” at Monsters Inc. Laugh Floor at Disneyland [Lileks; h/t Carter Wood]
  • New at Point of Law: AAJ commissions a poll on arbitration and gets the results it wants; carbon nanotubes, tomorrow’s asbestos? California will require lawyers operating without professional liability insurance to inform clients of that fact (earlier here and here); and much more.
  • Actuaries being sued for underestimating funding woes of public pension plans [NY Times via ABA Journal]
  • City of Santa Monica and other defendants will pay $21 million to wrap up lawsuits from elderly driver’s 2003 rampage through downtown farmers’ market [L.A. Times; earlier]
  • Sequel to Giants Stadium/Aramark dramshop case, which won a gigantic award later set aside, is fee claim by fired lawyer for plaintiff [NJLJ; Rosemarie Arnold site]
  • Privacy law with an asterisk: federal law curbing access to drivers license databases has exemption that lets lawyers purchase personal data to help in litigation [Daily Business Review]
  • Terror of FEMA: formaldehyde in Katrina trailers looks to emerge as mass toxic injury claim, and maybe we’ll find out fifteen years hence whether there was anything to it [AP/NOCB]
  • Suit by “ABC” firm alleges that Yellow Book let other advertisers improperly sneak in with earlier alphabetical entries [Madison County Record]
  • Gun law compliance, something for the little people? A tale from Chicago’s Board of Aldermen [Sun-Times, Ald. Richard Mell]
  • Think twice about commissioning a mural for your building since federal law may restrain you from reclaiming the wall at a later date [four years ago on Overlawyered]

Quasi-off-topic musing

Inconceivably beyond my frame of reference as an American: self-operated rides in a Denmark amusement park (as part of a larger travelogue on a very strange park, Bon Bon Land). Instructions are provided on signs: customers seat themselves, and the next person on line is supposed to press the appropriate button at the appropriate time to send a customer hurtling down a zip line.

It fascinates me how other cultures tolerate risk and reject idiot-proofing so much differently than the US. I wonder which way the causal arrow goes with the general litigiousness of American culture: are we litigious because we’re risk-averse, or are we risk-averse because we’re litigious? If the former, perhaps the European example actually reflects the moral hazard of social insurance. (Of course, other photos on the travelogue pages demonstrate other important differences between Denmark and the US.)

Related: Subcontinental Drift on zoos in Southeast Asia.

Update: Amusement-park-loving torts prof Bill Childs comments, which is appropriate, because the post was originally just going to be an email to Childs and a handful of other people before I realized there was no reason not to just expand it into a post.

Read On…

It’s a common carrier, after all

Amusement park managements in California are unhappy about a new 4-3 decision by the state’s supreme court holding that operators of park rides constitute “common carriers” akin to bus and trolley lines for safety purposes, thus exposing them to a higher standard of care in injury lawsuits. Of particular concern: given that passengers on ordinary conveyances are supposed to be protected from dangers that would occasion acute personal fear and emotional distress, what are the implications for roller coasters and other thrill rides in which conveying sensations of that sort is the whole idea? Maybe the brass at Disney (which was the defendant in the suit at hand) weren’t being entirely overcautious when they slowed down the Mad Hatter’s spinning teacups (see Mar. 4 and Mar. 9, 2004). (Maura Dolan and Kimi Yoshino, “High Court Raises Bar for Safety of Thrill Rides”, Los Angeles Times, Jun. 17)(via Ken Masugi, Claremont).

Canada: “Stripper paid after tiger attack”

“A stripper mauled by a tiger in an Ontario safari park has won $650,000 in damages because her scars meant she could no longer work, Canadian media said on Friday.” Jennifer-Anne Cowles was awarded “some $650,000 in damages, almost half of it to compensate for income she would have made as a stripper. Her musician boyfriend, David Balac, won Canadian $1.7 million ($1.37 million), because his injuries left him unable to work as an accordion player.” (Reuters/CNN, Jan. 31). James Taranto at WSJ “Best of the Web” comments (Jan. 31): “Canada has some surprising priorities if an accordion player is worth twice as much as a stripper.” (& letter to the editor Feb. 13).