westical

Wet n Wild sued for traumatic Aqualoop ride

52 posts in this topic

But I didn't sue Bush Gardens for not telling me this system was in place before the ride.

Haha... Side note though, but whenever I rode the backwards facing seats of canopy flyers at USS and was in the block brake before unload, there's always that doubt in your mind when the car behind comes speeding into the brakes...."Are they gonna stop in time?" :P

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Friends of mine were in the next to launch position for Dragster when the train in front had a roll back, apparently that is quite an unnerving feeling also!

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Yes, but her claim isn't that she COULD have been injured, it's that she was AFRAID of being injured - because she was unaware that the slide has a built in safety system. It's not a matter of the staff halting the attraction - the dispatch system physically won't allow another rider to be launched whilst there is still a rider in the tube - it has a 'block' system built into it - this is what all the conduits are running all over the place. Her claim goes further that BECAUSE she didn't know there was a built in safety mechanism, she was fearful someone would come down on top of her, and due to that, she hauled herself out by her arm, causing injury, rather than calmly pushing the door open and standing up. The whole basis for her claim is that WnW should have appropriate and adequate signage, or staff instruction informing riders that they may not make it around the loop, and what will happen in the event that they do not complete the loop.

And anyone who's been on the Aqualoop or even walked past it while being attentive knows that simply isn't true, as the post below you explains, there is signage that is easy to notice telling you of the procedures in case you don't make it over. As I said, ridiculous charge.

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And anyone who's been in a courtroom during a liability proceeding can tell you that what the judge considers to be 'adequate' signage may be different to your interpretation of it.

It stares you in the face when you enter the ride, many judges are borderline braindead, ridiculous charge.

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Then tell me why coaster attendants tell you verbally over the PA to keep your head back, and hold onto the grab bars etc....? Because it is well known that guests check their brains at the gate, and don't read shit. They only have to make an argument that the bright, colourful signage didn't convey the seriousness of the message, and that it wasn't noticed for that reason... you spend every day reading through court judgments, decision documents, rulings, etc, and you'll understand what i mean. Just because it's logical, doesn't mean it's legal.

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Well since this is about a legal case - one in which liability needs to be determined (or not) I would say that this entire discussion is one based around legality. You can call it a ridiculous charge if you want - but at the end of the day it will be up to the judge (or jury) to determine what is ridiculous. The decision handed down will be a determination by 'reasonable persons' view of the situation - and a reasonable person may just determine that it isn't as ridiculous as you claim.

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Well since this is about a legal case - one in which liability needs to be determined (or not) I would say that this entire discussion is one based around legality.

A person's opinion on whether the charge is ridiculous or not does not always coincide with the likelihood of getting her Payout. The point is, is that she was scared because she herself decided to not look at safety signs on the ride and assumed that nothing would go wrong, she wasn't injured, nor was there any chance of her getting injured, therefore, her charge is ridiculous regardless of whether she's legally entitled to compensation.

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I'm sure she saw the signage, looked at it, and 'decided' not to read it. Chances are, with a brand new ride - her eyes were locked onto the loops watching people come down, and she never saw it? Her claim states that she was injured, both physically and mentally.

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I'm sure she saw the signage, looked at it, and 'decided' not to read it.

That's right, it's her own fault. Like I said before, a judge's ruling decides whether she gets her payout or not, *I* get to decide what *I* think is ridiculous and her own fault. *You* don't get to tell me my opinion is wrong without being an ignorant fool.

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http://www.goldcoast.com.au/article/2012/10/03/439082_crime-and-court-news.html

VILLAGE Roadshow Theme Parks has challenged a woman who got stuck in a Wet 'n' Wild waterslide to take her $400,000 damages claim to trial. Lawyers for Village Roadshow issued their defence to Southport District Court following childcare worker Cherie Schramm's lawsuit claiming she was injured and suffered long-term mental issues after getting stuck halfway in the Aqua Loop on January 2 last year.

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I don't blame them taking this to trial. There is abundant signage and announcements about what happens if you don't make it around, and given that was a key part of the claim it seems a no brainer to challenge it, especially given the amount of money being claimed.

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In her response to the defence submission, she said she was "uncertain" if warning signs and recordings had been in place and denied she caused her own injuries.

Hmm, I wonder if my post from opening day that pointed out the presence of signage about not making the loop could be used as evidence to counter this :P

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This woman is stupid. If she gets a cent out of this ridiculous lawsuit I actually don't want to live on this planet anymore. Long term mental problems? What the actual fuck?

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If you read the article it also states (which I forgot about) that only does the ride have all the signage but the annoucements from the speakers as you make your way up the tower.

Village Roadshow denied Ms Schramm's claims it did not have warnings about what to do if a rider did not make the full loop of the 17m-high waterslide. It said a recorded message played as riders climbed the stairs to enter the ride and signs were in front of the launch area advising riders to lay back with their ankles crossed and arms across their chest during the slide and not to panic if they did not make the loop. "The slide will automatically shut down and will not allow anyone else to ride down behind you," a transcript of the audio recording said.

To top it off since her saying there was no warning given to her whatsoever, she has since back tracked and no says. . .

In her response to the defence submission, she said she was "uncertain" if warning signs and recordings had been in place and denied she caused her own injuries.

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It's stupid morons like that woman that ruin the fun for the vast majority of people. Wet N Wild certainly DOES properly warn you what to do if you become stuck, and the escape hatches are there for precisely that reason. Money-grabbing like that should just not be tolerated. I'd like to meet her and really let her have it, but it's probably just as well I can't or she'd sue me for causing her some sort of traumatic syndrome. Grrrr!

I'm sure she saw the signage, looked at it, and 'decided' not to read it. Chances are, with a brand new ride - her eyes were locked onto the loops watching people come down, and she never saw it? Her claim states that she was injured, both physically and mentally.

Well there certainly is something wrong with her mentally, I won't deny that!

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