Suing amusement park for FrightFest scare

[Deleted]

LINK

A dad is suing the local amusement park for $30,000 because a 'scare-actor' frightened his daughter and she tripped and ended up with "scrapes, cuts and bruises".

Give me a break. The area this happened in was not a regular part of the park midways. You had to go in a special entrance to an area called "The haunted city of Necropolis". Where there are signs out front that it is a "scare zone."

I hope the judge throws it out...

[movingforward]

Good grief. Absolutely ridiculous. I guess everyone will now have to sign a waiver when they enter a theme park.

[973beachbum]

Sept 11, 2012 14:30:06 GMT -5 movingforward said:

Good grief. Absolutely ridiculous. I guess everyone will now have to sign a waiver when they enter a theme park.

Most amusments already have a waiver on the entrance tickes. It still doesn't make them legally binding but they are there.

If the suit was over something like the ground she was walking on wasn't a normal paved type like the rest of the park and maybe it wasn't lit properly she might have a case for actual damages if she had any.

[Deleted]

The area where this occurred is a blacktop path, it is not well lit - and they make that clear at the entrance to the area. The part of the park where they have this is used as the 'picnic grove' during the summer months.

Again, it's not as if she broke a bone...she had scrapes and bruises from tripping. The scare-actors do not run after patron - they are not allowed to. They might walk up behind you and follow you but they can't run and they can't touch you either.

I have taken DD10 through this area for three years now. And when she gets scared, she knows to hold my hand to be safe.

[chiver78]

Sept 11, 2012 15:03:43 GMT -5 @foodiedad said:

The scare-actors do not run after patron - they are not allowed to. They might walk up behind you and follow you but they can't run and they can't touch you either.

here in the US this is totally true. imagine my surprise when I went through a haunted house in Europe a few years back - one of the "zombies" was grabbing people by the arm to point out things they might have missed.

[Deleted]

You never know. this could be like the McDonald's coffee suit where everyone said how ridiculous it was upon first hearing about it, but when the facts came out it turned out to be a very legitimate and worthy case.

[Deleted]

Sept 11, 2012 15:19:48 GMT -5 ArchietheDragon said:

You never know. this could be like the McDonald's coffee suit where everyone said how ridiculous it was upon first hearing about it, but when the facts came out it turned out to be a very legitimate and worthy case.

Its amazing how that McCoffee case is often misused as poster child for frivolous lawsuits.

[movingforward]

Sept 11, 2012 14:58:42 GMT -5 973beachbum said:

Sept 11, 2012 14:30:06 GMT -5 movingforward said:

Good grief. Absolutely ridiculous. I guess everyone will now have to sign a waiver when they enter a theme park.

Most amusments already have a waiver on the entrance tickes. It still doesn't make them legally binding but they are there.

If the suit was over something like the ground she was walking on wasn't a normal paved type like the rest of the park and maybe it wasn't lit properly she might have a case for actual damages if she had any.

Perhaps but I am just sick and tired of everything being a lawsuit these days. If all she suffered were a couple of scrapes and bruises well then welcome to being a child.

ETA: I know this situation is a bit different but I have seen adults bring their children through some haunted houses that are clearly too scary for a little kid. There are signs all over the place stating not recommended for kids under 7 yrs of age or whatever but people continue to do it and then they get pissed when their kid is screaming their head off.

[8 Bit WWBG]

The park will definitely be passing the cost of the lawsuit on in the form of higher admission prices, higher concession prices, and higher game/ride costs. Not to mention that there will now have to be additional warnings. Plus, zombie sensitivity training is not cheap.

[doxieluvr]

I have seen someone sue chuck e cheese for food poisoning. Ridiculous!!!

[chiver78]

Sept 11, 2012 19:39:25 GMT -5 doxieluvr said:

I have seen someone sue chuck e cheese for food poisoning. Ridiculous!!!

why ridiculous? any food service establishment can ignore safe handling guidelines, or even more innocently than that - receive product that is bad before it comes in the door. just because a place doesn't serve tasty food (and I'd venture children would argue with you there) doesn't mean they aren't subject to the same food safety standards as every other establishment that is issued a license.

[doxieluvr]

Sept 11, 2012 19:47:45 GMT -5 chiver78 said:

Sept 11, 2012 19:39:25 GMT -5 doxieluvr said:

I have seen someone sue chuck e cheese for food poisoning. Ridiculous!!!

why ridiculous? any food service establishment can ignore safe handling guidelines, or even more innocently than that - receive product that is bad before it comes in the door. just because a place doesn't serve tasty food (and I'd venture children would argue with you there) doesn't mean they aren't subject to the same food safety standards as every other establishment that is issued a license.

I think it's a ridiculous to sue someone over an incident that is not life altering. Food poisoning is a minor inconvenience, not permanent.

And frankly who is to say the person had food poisoning and not a stomach bug?

[swamp]

If you think food poisoning is a minor inconvenience, you've never had it.

[KaraBoo]

Sept 11, 2012 20:34:46 GMT -5 doxieluvr said:

Sept 11, 2012 19:47:45 GMT -5 chiver78 said:

why ridiculous? any food service establishment can ignore safe handling guidelines, or even more innocently than that - receive product that is bad before it comes in the door. just because a place doesn't serve tasty food (and I'd venture children would argue with you there) doesn't mean they aren't subject to the same food safety standards as every other establishment that is issued a license.

I think it's a ridiculous to sue someone over an incident that is not life altering. Food poisoning is a minor inconvenience, not permanent.

And frankly who is to say the person had food poisoning and not a stomach bug?

As someone who has had extensive food handler's training as part of being a supervisor in the kitchen of a hospital setting, food poisoning can be much, much more than just a minor inconvenience. There are cases where the severity and complications resulted in death.

Of course, not all cases result in death - most just make you wish you were dead.

Also - according to all of the training I've ever been part of - it is much more likely that you have food poisoning rather than a stomach bug. One of the instructors even went so far as to say there is no such thing as a "stomach bug" or the "24 hour flu" - it's actually food poisoning. I'm not a doctor, so I can't verify that statement, but based on my own experience, I would say that is correct. Food poisoning can take up to 72 hours to actually present symptoms.


As for the original post - on the surface it seems frivolous, but I would be interested in seeing the case - just a curiosity factor for me.

[Formerly SK]

This reminds me of a time I went to Great Wolf with the kids. We had just arrived and I was taking the kids (ages 3&4) around the main area when the big 50 billion gallon bucket of water crashed down onto us. The kids were swept away by the water (we had been walking underneath holding hands). Since we had *just* arrived I had NO IDEA the bucket even existed. Holy cow that water scared the crap out of my 3yo. We couldn't walk on the main area the rest of our visit there.

Of course, I would never have sued over that. It was just one of those comedic parenting moments. ;D

[❤ mollymouser ❤]

$30,000 is a lot of money for a few scrapes and bruises, liability issues aside. Sounds like the plaintiff and the plaintiff's attorney have delusions of grandeur.

[Deleted]

Sept 11, 2012 20:37:38 GMT -5 swamp said:

If you think food poisoning is a minor inconvenience, you've never had it.

Goose has ended up in the ER with severe food poisoning. My neighbor in Alabama was admitted to the hospital for severe food poisoning. It can be a whole lot more than a minor inconvenience.

[dom]

This is ridiculous. We may all have to sign a waiver to enter such places in the future.
Whatever happened to personal responsibility i say ?

[happyhoix]

What an idiot.

A parent's job is to know what freaks your kid out and avoid it. Sometimes kids don't like odd things - DS was terrified by clowns or other adults in costumes. So I'm going to sue Disney because Goofy terrified him?

[movingforward]

Sept 12, 2012 8:50:48 GMT -5 happyhoix said:

What an idiot.

A parent's job is to know what freaks your kid out and avoid it. Sometimes kids don't like odd things - DS was terrified by clowns or other adults in costumes. So I'm going to sue Disney because Goofy terrified him?

I am still terrified by clowns - seriously creepy to me

[movingforward]

Sept 12, 2012 2:03:35 GMT -5 @angel33 said:

Sept 11, 2012 20:37:38 GMT -5 swamp said:

If you think food poisoning is a minor inconvenience, you've never had it.

Goose has ended up in the ER with severe food poisoning. My neighbor in Alabama was admitted to the hospital for severe food poisoning. It can be a whole lot more than a minor inconvenience.

Food poisoning is HORRIBLE!! Sometimes it can also be really hard to determine where you got it from too unless you know several other people who also ate at a particular place and were ill. You can get it from different things like someone sneezing on your food and no one else will get sick, etc. Also, I was told by the doctor that it can take up to 72 hrs so I never figured out where I got it from - though I do have a suspicion ;D

[KaraBoo]

Sept 12, 2012 10:10:02 GMT -5 movingforward said:

Sept 12, 2012 2:03:35 GMT -5 @angel33 said:

Goose has ended up in the ER with severe food poisoning. My neighbor in Alabama was admitted to the hospital for severe food poisoning. It can be a whole lot more than a minor inconvenience.

Food poisoning is HORRIBLE!! Sometimes it can also be really hard to determine where you got it from too unless you know several other people who also ate at a particular place and were ill. You can get it from different things like someone sneezing on your food and no one else will get sick, etc. Also, I was told by the doctor that it can take up to 72 hrs so I never figured out where I got it from - though I do have a suspicion ;D

So true!

We had a local case happen years ago where the majority of the attendees to one meeting all came down with food poisoning (something like 20 people out of the 30 that attended). Because it was a public place that served them, the Health Department came in and tested everything to figure out what the source was.

It turns out they got sick from drinking the tea that was served out of a Cambro unit (with a spigot). The spigot wasn't cleaned properly and harbored bacteria to the point of making everyone who drank the tea sick.

Before that incident, I would have never considered tea a source of food poisoning!!

[zibazinski]

Food poisoning is nasty and can be lethal. Or at least you hope it does because you want to die! I don't eat Chinese anymore because I got sick on it.

[NastyWoman]

Sept 12, 2012 5:01:15 GMT -5 @dom said:

This is ridiculous. We may all have to sign a waiver to enter such places in the future.
Whatever happened to personal responsibility i say ?

people, people, people, don't you all know it yet: this isn't about the money! It is to make sure no one else's child ever has to go through an experience like this ever