Scooters at Disney parks “have brought on a rise of civil lawsuits filed by people complaining about being run over or drivers saying they were injured.” However, because of ADA considerations — they’re an assistive mobility device — the park cannot ban them, and even attempts at lesser restrictions, such as speed limits, would quickly run into legal constraints: “any rule would likely require the U.S. Department of Justice’s approval,” according to a disability rights attorney. [Gabrielle Russon, Insurance Journal]
Posts Tagged ‘amusement parks’
Breaking into amusement park, taking ride on slide does not end well
Visiting Myrtle Beach for a wedding, two New York women walk by a closed amusement park in the early morning hours and resolve on a joyride:
“Even though it was closed, the plaintiffs were easily able to move the unsecured gate at the entrance to the Pipeline Slide and climb the stairs to the top of the slide,” claims the lawsuit. “Without any employees present to instruct them, the plaintiffs were not aware that they needed to have the slide sprayed with water, nor did they know that they needed a burlap sack to safely go down the side.”
“Without these safety precautions, the plaintiffs slid down the slide at a very high velocity, colliding with the metal barrier at the bottom of the slide,” the lawsuit also claims. “As a result of the collision, both plaintiffs sustained significant injuries.”
Now they want damages against the park on a variety of theories, including punitive damages. [WBTW]
“New book asks if lawsuits and lawyers are taking the fun out of Disneyland”
“The vast majority of operational changes at Disneyland in the last 10 years have been the result of lawsuits past, or in anticipation of lawsuits in the future,” [author Dave Koenig] said…. “People just have no common sense. Most activities have some inherent risk. It’s to the point where Disney’s tolerance for risk is zero. It used to be they expected that people would have some common sense.” [Orange County Register, profiling Koenig’s new book “The People v. Disneyland: How Lawsuits & Lawyers Transformed the Magic.”]
Torts roundup
- Celebrated as the “most insane amusement park ever,” New Jersey’s notorious Action Park reopens, minus some of its most extreme hazards [National Post]
- Insurance industry study finds attorneys getting into higher share of auto crash claims [IJ]
- Medical monitoring cases, once seen as wave of future, have not fared well in court [Steven Boranian, DDL]
- “Florida high court’s irrational ‘rational basis’ rejection of state tort reform undermines Rule of Law” [William W. Large, Washington Legal Foundation]
- For a sense of where tort pressure is being felt, list of litigation groups at AAJ (including newly formed groups) often provides clues;
- Los Angeles jury finds team partly liable in $14 million negligent security award for man beaten in Dodger Stadium parking lot [AP]
- “Perhaps this is the first of a wave of hose-entanglement cases” [Lowering the Bar, Louisiana]
“Families of autistic kids sue Disney parks over policy on lines”
“Families with autistic children have sued Walt Disney Co., alleging the company does not provide adequate access to theme park visitors with autism who have difficulty waiting in long lines for rides.” [Reuters/Chicago Tribune]
Nanny state roundup
- Sock puppets: U.K. and E.U. governments both fund public advocacy campaigns on paternalism themes, effectively lobbying themselves at taxpayer expense. Sounds kinda familiar [Christopher Snowdon on Institute for Economic Affairs studies]
- Federal government, in the form of the CDC, wishes your doctor would nag you more about your drinking [Jacob Sullum, more]
- “$10m look into games and gun violence a bust” [Rob Beschizza; Mike Rose, Gamasutra; related, Scott Shackford]
- Assumption of risk won a round at the California Supreme Court a year ago in a case on amusement park bumper cars [S.F. Chronicle, ABA Journal, related on Disneyland teacups] J.D. Tuccille on motorcycle risks [Reason]
- As a country Australia is known for freedom, so why’s it a leader in enacting bans? [Vivienne Crompton, IPA “Freedom Watch”]
- “Maine’s unwise and unconstitutional ban on disclosing the alcohol content of beers” [Jonathan Adler]
- FDA mandate on removal of nicotine could benefit head regulator’s former client [Jacob Grier] Glaxo SmithKline, Johnson & Johnson also push bans on e-cigarettes, which compete with their nicotine therapies [Tim Carney] AGs from 24 states (AL, AZ, CA, CO, CT, DE, HI, ID, IL, IN, IA, ME, MD, MS, MT, NH, NM, NY, OH, OR, PA, RI, VT, WA) write FDA urging ban on menthol in cigarettes [CSPNet] “Cigarette Sin-Tax Hike Could Boost Black Markets” [Steven Greenhut] Brendan O’Neill on secondhand smoke [Reason]
August 16 roundup
- As football helmet makers come under litigation pressure, one company’s label simply advises not playing football [New York Times, ABA Journal]
- D.C. Circuit: Obama administration has broken law by stalling action on Nevada nuclear site [AP/ABC News, In re Aiken County (PDF)]
- Unexpected venue? Writer in National Review suggests legalizing prostitution [Charles Cooke]
- Eight reasons New York City rent is so ridiculously high [Josh Barro]
- “How much is a life worth?” [Kenneth Feinberg profile in National Journal]
- Ed Markey vs. amusement parks [Elie Mystal, Above the Law]
- How easy is it to pull real estate deed fraud? You (and the owners of the Empire State Building) might be surprised [Now I Know]
Roller coasters and limbless guests
A 17-year-old born without hands is disappointed at being excluded from Sea World’s “Kraken,” but “Katie Champagne’s misery is the result of a litigious society, not heartless theme parks.” [Beth Kassab, Orlando Sentinel; error corrected on name of theme park operator, thanks commenter P. McC.]
Before being suspended over hungry crocodiles
You’ll need to sign a really strong liability release [St. Petersburg Times]
U.K.: “Butlins bans bumping on the bumper cars”
The best-known operator of British amusement parks has ordered its staff “to ban anyone found guilty of bumping into each other in the electric cars equipped with huge bumpers. Bemused customers who assume that the ‘no bumping sign’ is in jest are told to drive around slowly in circles rather than crash into anyone else for fear of an injury that could result in the resort being sued.” [Louise Gray, Telegraph via Free-Range Kids]
Also: California appellate court rejects assumption of risk defense and denies summary judgment to bumper car injury claim [Bill Childs, MassTort.org]