Injury on ET Adventure?

[Mad Dog]

When I saw the report earlier I thought 15k was a typo. That seems like a lot less than what I would expect in a case like this.

Often in lawsuits, that's just language relating to the minimum, and generally meaningless to what they'll actually be asking for.

 

[fryoj]

When I saw the report earlier I thought 15k was a typo. That seems like a lot less than what I would expect in a case like this.

Some thoughts:

1. That's a curiously small amount of money being asking for. If I'm Universal, I'm reminded of a scene with J.K. Simmons at the end of the Coen Brothers' BURN AFTER READING: "Pay it." It's a couple hours' worth of Butterbeer sales.

It's just a news article, not the actual suit, but that's probably just the real medical bills they have so far. It's a rock solid guarantee they are asking for a jury trial and punitive damages.

 

[JoeCamel]

Often in lawsuits, that's just language relating to the minimum, and generally meaningless to what they'll actually be asking for.

15 k is the limit that bumps it up to a superior court in Florida.

 

[Parkscope Joe]

Some thoughts:

1. That's a curiously small amount of money being asking for. If I'm Universal, I'm reminded of a scene with J.K. Simmons at the end of the Coen Brothers' BURN AFTER READING: "Pay it." It's a couple hours' worth of Butterbeer sales.

2. The description of the ride and its "dangers" in the lawsuit is insane. IN. SANE. This notoriously, horrendously dangerous-to-the-public ride has put through millions of guests in its lifetime... and the number of injuries like this to date is... one. Get outta here with how dangerous it is, and how Universal has pulled one over on an unsuspecting public.

1) It assumes Universal hasn't already paid the family's medical bills or such, this sounds like it goes beyond that.

2) That we know of, in all fairness.

It's just a news article, not the actual suit, but that's probably just the real medical bills they have so far. It's a rock solid guarantee they are asking for a jury trial and punitive damages.

See #1 above.

15 k is the limit that bumps it up to a superior court in Florida.

Hmmmmmmmmmmm........

 

[belloq87]

So what's Universal's optimal course of action? It seems you either stand behind your ride's safety record and go to court, risking blaming a child for the injury, or you settle (for a sum apparently much greater than $15k, which, as I said, I would just pay and be done with it) and risk looking like you're admitting there's something wrong with your safety standards.

 

[Parkscope Joe]

So what's Universal's optimal course of action? It seems you either stand behind your ride's safety record and go to court, risking blaming a child for the injury, or you settle (for a sum apparently much greater than $15k, which, as I said, I would just pay and be done with it) and risk looking like there's something wrong with your safety standards.

Settle it and no other news comes out about it.

 

[belloq87]

Settle it and no other news comes out about it.

But who knows how much is really being asked for, though, since that 15 number is seemingly just a placeholder.

If it's a "reasonable" amount, I'd agree. The wording used about the ride would imply it might not be reasonable, though.

 

[fryoj]

But who knows how much is really being asked for, though, since that 15 number is seemingly just a placeholder.

If it's a "reasonable" amount, I'd agree. The wording used about the ride would imply it might not be reasonable, though.

It'll settle with the language of the agreement saying something like "the park accepts no responsibility for the injury and admits no fault" and we'll never hear about it again. The injured party's lawyers will ask for an obscene amount, the park will offer substantially less. They'll meet somewhere around what a court would likely awarded the injured party or maybe less. Like a lawyer told me recently, lawyers don't make their money in court.

 

[Alicia]

I’m genuinely surprised it hasn’t already been settled. If a suit has been filed, one might assume either Universal has made no settlement offer, or the family refused it already.

 

[WAJAS]

It'll settle with the language of the agreement saying something like "the park accepts no responsibility for the injury and admits no fault" and we'll never hear about it again. The injured party's lawyers will ask for an obscene amount, the park will offer substantially less. They'll meet somewhere around what a court would likely awarded the injured party or maybe less. Like a lawyer told me recently, lawyers don't make their money in court.

Less than 10% of cases actually go to trial. Most are settled in plea deals.

 

[Nick]

But who knows how much is really being asked for, though, since that 15 number is seemingly just a placeholder.

If it's a "reasonable" amount, I'd agree. The wording used about the ride would imply it might not be reasonable, though.

Comcast doesn't want the bad press of having to go to court and fight against a kid that crushed his foot on their ride. No matter who is at fault, they aren't going to want the optics of a trial.

I will say, high level Comcast execs have been around the resort for about a week checking on things and I have to wonder if this was scheduled or if it's in response to this incident.

 

[MrRoamer]

I'm just gonna say - it takes some effort to get your leg out that far.

I don't know, he was 11 years old so it couldn't have that far away. I could totally see some kid just kicking his legs around without paying attention especially at the end where it gets boring or stops for a slow unload. This is one of those things with odds that are 1 in a million, but when you send millions through that 1 gets a lot more likely.

Isn't this what the ride envelope testing is supposed to protect from? I don't see how this is worse than the people that deliberately try to touch the top of Thunder Mountain or some of the other things.

 

[Brian G.]

I don't know, he was 11 years old so it couldn't have that far away. I could totally see some kid just kicking his legs around without paying attention especially at the end where it gets boring or stops for a slow unload. This is one of those things with odds that are 1 in a million, but when you send millions through that 1 gets a lot more likely.

Isn't this what the ride envelope testing is supposed to protect from? I don't see how this is worse than the people that deliberately try to touch the top of Thunder Mountain or some of the other things.

I'm nearly 6'2 and I tried to reach out, it took a little bit of effort - so I imagine someone who I'd wager to be a foot shorter is really going out of the way to get their foot out there.

 

[Imperius]

Possibly even worked his way out of the seat.

 

[Scott W.]

I'm nearly 6'2 and I tried to reach out, it took a little bit of effort - so I imagine someone who I'd wager to be a foot shorter is really going out of the way to get their foot out there.

Wow, that's dedication.

 

[Brian G.]

Wow, that's dedication.

Let's just say I'm not surprised the news came out yesterday.

 

[truejonas]

I agree that Universal's most likely going to settle to keep it under wraps, and that this kid was - for lack of better verbiage - being stupid at the wrong time. However the kid managed to do it, I don't think the ride or Universal are at fault, unless the bike handle let loose and he slid forward as they approached the platform (possible, but I'm sure that would have been a front-and-center type of detail).

 

[fryoj]

If the injury occurred where I think everyone is saying it did, could he been in the left front seat and been trying to get off the ride the second it got to the station and just mistimed his step? The restraints aren't that restrictive IIRC, so a small boy could slip out. I know a few boys that age that would do that kind of thing as a game. Just speculation on my part of course.

 

[Nick]

I'm nearly 6'2 and I tried to reach out, it took a little bit of effort - so I imagine someone who I'd wager to be a foot shorter is really going out of the way to get their foot out there.

Ok so you're 6'2" and you had a hard time... if this happened to an 11 year old than maybe it was just a freak accident?

Everyone is acting like this was the kids fault prematurely. I thought we weren't going to play the blame game...

 

[Evan]

I had read someone comment on Facebook about this, saying it also happened to their friend but just their shoe got stuck and no injury thank goodness. So clearly this is possible to happen without much trying.