SFGAM Lawsuit

[Airtime&Gravity]

The parents of two Lockport children filed suit against Six Flags Great America Monday, alleging that the children fell out of a raft on the Tornado water ride and suffered head injuries.

 

Dylan Lovelace was 11 and Keeley Vercellotti was 10 when they visited the park June 7, 2006. Although the raft in the ride is designed to hold four occupants, operators sent them down it with just the two aboard, said lawyer Kenneth J. Allen.

 

Having only two occupants changed the physics of the ride and contributed to the two falling out of the raft, he alleged.

 

The Tornado is a large water slide ride in which the raft is launched into a large funnel-like structure and slides back and forth until being swept out the bottom into a pool, a video on Great America's Web site shows.

 

Allen said the park transported the two children, who suffered mild head injuries after falling about 30 feet, to the hospital on its own so it didn't have to call 911 and have them transported by a fire department.

 

Wendy Goldberg, a spokeswoman for Six Flags' parent company in New York, said she could not comment on the suit because she had not seen it. However, she insisted, "we take the safety of all our guests very seriously."

 

Keeley still bears a scar on her forehead, Allen said. The suit seeks unspecified damages.

 

 

Article

 

 

Seriously, how often is a four person raft sent down a slide with 4 people, and how did the physics change? Screamscape also mentioned that the mother complained about the kids not being secure, but where the hell are the restraints on a raft!?

 

Airtime-Seatbelt on the rafts now-&Gravity

[IceDragon]

What the parents fail to realise is restraints will actually kill on water rides...

[Ccron10]

It seems like the family has no common sense meaning...

restraints on waterslide tube+ person + person flipping over on splash pool= the person possibly drowning.

 

And if the inner tube still flips over in the slide, you still could get injured from it since the tube would still be on your back.

[DarkMeasures]

They just want some cash because their son got a boo boo....

[verticalzero]

No Op's should allow a 10 or 11 year old to ride a coaster / water ride by themselves, they can't be trusted to sit still and they will almost have to play around.

 

Anyone below 16 should be with an adult at all times at the Parks.

[TheGreatOne]

The aunt and mother of these kids posted on ThrillNetwork back when the "incident" happened. She got absolutely ripped apart and she made no valid arguments. She better hope they have some good lawyers, because this is a suit without merit. They'd be lucky if the judge tells SF to foot the medical bills only.

 

I knew someone who worked maintenance at SFGAm and he said nothing wrong was found with the ride.

 

EDIT: The slide releases water in streams to slow down momentum at a point where the raft isn't even vertical. So why would having a very light weight suddenly make the raft go high? Physics-wise, that makes zero sense. The kids were acting up on the ride and probably did it to themselves.

 

EDIT 2: They originally claimed that the water pressure was to blame. However, their lawyer must've realized that lie was not believable enough, so they tried to go the "physics" route, which also doesn't make sense.

[Homer]

I might be in the minority, I think she does have a little bit of a case, but not much.

 

Face it, these tweens weigh like what, 60 pounds? If their weight was distributed to one side of the raft, they may have capsized the raft and have fallen off. If you ask me, they should have AT LEAST three people on a raft at all times. It would have evenly distributed the weight and the kids might not have fallen out.

 

However, this woman and the "restraints" on slide tubes? Lady, you think we breathe underwater? What if a tube capsizes in the splash pool, what would happen next? People would drown unless there is a quick release button. But face it, I don't see that being a plausible solution.

[XII]

These are the type of people I hate. People who do something stupid and then try nd blame the park for their mistake. If you fell out of a raft, those kids must have been doing something really stupid. The mother should have yelled at the kids for messing around instead of blaming the park. I think I hate America more and more each day.

[odene497]

How do you fall thirty feet? If they fell out going down the drop they would have landed somewhere in the tunnel, and that's not thirty feet.

[gk]

The parents of two Lockport children filed suit against Six Flags Great America Monday, alleging that the children fell out of a raft on the Tornado water ride and suffered head injuries.

 

Dylan Lovelace was 11 and Keeley Vercellotti was 10 when they visited the park June 7, 2006. Although the raft in the ride is designed to hold four occupants, operators sent them down it with just the two aboard, said lawyer Kenneth J. Allen.

 

It will hold up to four people. That doesn't mean it has to have four people - two people sitting cross-corner from each other should work fine. But perhaps there should be a rule that kids should be accompanied by someone older.

 

Having only two occupants changed the physics of the ride and contributed to the two falling out of the raft, he alleged.

 

Not holding on to the handles could contribute to the kids falling out of the raft. I don't see how the physics of the ride could be affected much by two small children.

 

The Tornado is a large water slide ride in which the raft is launched into a large funnel-like structure and slides back and forth until being swept out the bottom into a pool, a video on Great America's Web site shows.

 

Amazing reporting skills at work. The only thing "launching" the tube is gravity.

 

Allen said the park transported the two children, who suffered mild head injuries after falling about 30 feet, to the hospital on its own so it didn't have to call 911 and have them transported by a fire department.

 

Good for Six Flags. 911 is for emergencies, not "mild injuries".

[pvcoasterguy]

Question:

 

How exactly is Six Flags responsible for the physics of this ride? They neither designed nor built it. Proslide should be the ones at fault for any case regarding the design of the slide.

[spaceace12]

I have done this type of ride at hw and the lighter the tube, the lower you go. With more weight, you can almost reach the jets that shoot down. Also, if these two kids were across from each other, it wouldn't happened, or rarely happened. AT hw, they only allow 2 adults per tube. With kids, they make sure there is a adult on the tube and the kids hold onto the handles.

 

Adam "america-where lawyers can make anyone sue there grandma over hot food"

[Goliath513]

These are the type of people I hate. People who do something stupid and then try nd blame the park for their mistake. If you fell out of a raft, those kids must have been doing something really stupid. The mother should have yelled at the kids for messing around instead of blaming the park. I think I hate America more and more each day.

 

I completely agree with you on that. The parents need to take responsibility for their kids into their own hands instead of just sitting back, waiting for something to happen, and ten blame the park. If anything, the parents should pe the ones paying SF since they were irresponsible to let their young children on the slide and hey acted up and got hurt. but the sad thing is that lawsuits like this almost always win over because the jury "feels sorry for the poor children" and say SF should pay every penny they have until the parents are neck deep in money and the amusement industry bankrupt. It's not that these accidents are more common these days, it's that parents no longer take responsibility and they feel they have the power to cheat injury and complain when they don't get their way. Sorry for the long rant, but this is what is wrong with America.

 

-Sam

[mcjaco]

The family's attorney is familiar with carnival/theme park suits. He represented guest that was stuck in corkscrew on Demon, and there are a few other carnival suits he's filed.

 

Typical plaintiff attorney website. Highlight their huge victories, but don't mention any of the cases they've lost, which is typically much more exspansive.

 

^^^ As an operator of the slide, SF is going to be named in any suit. Plaintiff's often name as many parties as possible when filing a suit. During discovery, the list is wittled down to the party or parties that are responsible. It's like throwing cake against the wall and seeing what sticks.

[DRWP2005]

\\

Not holding on to the handles could contribute to the kids falling out of the raft. I don't see how the physics of the ride could be affected much by two small children.

 

 

You know its funny, people always want to sue the park in situations like this. I would venture to say that about 95% of the injuries that we see at our park, have to do with riders not riding the ride properly. (holding handles, and sitting properly in the tube) And kids are usually the first person to break these rule despite instruction from the guards.

[coasterdude5]

I'm not educated in the law area, but why do these people usually wait a good while (a year or more), before they decide to take action?

 

Can anybody with some experience in this area explain this to me?

 

As for this situation, with what I've seen posted here, I don't think it's going to amount to alot, if anything.

[Twister II]

Okay, she may have something here.

 

If the lifeguard at the top of slide was new, or 'under-trained' (which is extremely doubtful) and let the kids sit next to each other, rather than across, then it would be SFGAmer's fault.

 

Or

 

During the enclosed tube part of the ride, a kid jumped over to the seat next to him. Which would not put SFGAmer at fault.

 

and

 

It's extremely unlikely too, but the kids fall off the open part of the slide. Opposite to where the tubes exit.

[Jew]

I might be in the minority, I think she does have a little bit of a case, but not much.

 

Face it, these tweens weigh like what, 60 pounds? If their weight was distributed to one side of the raft, they may have capsized the raft and have fallen off. If you ask me, they should have AT LEAST three people on a raft at all times. It would have evenly distributed the weight and the kids might not have fallen out.

 

What you posted, like a lot of other things in this thread, is all speculation.

[Vekoma Fan Boy]

I'm not educated in the law area, but why do these people usually wait a good while (a year or more), before they decide to take action?

 

Can anybody with some experience in this area explain this to me?

 

As for this situation, with what I've seen posted here, I don't think it's going to amount to alot, if anything.

 

I belive it is because they hire a lawyer as soon as the accident happens, but the courthouse has lawsuits coming out of the ass because americans are so sue-happy, thus, it is pick-a-number and wait your turn.

 

But seriously, how the hell do you fall 30ft from a proslide tornado??? Isn't the portion leading up to the bowl enclosed? And doesn't the bowl A. have a bit of unenclosed tubage going from the end of the bowl to the pool or B. the bowl empties directly into the pool? This makes no sense!

 

EDIT: I did a little research and found that they claimed the tube "went to the top of the bowl" where they fell. Which I find to be utter bull, the tube probably flipped over because they said "hey lets switch seats when it get to the top." Top of course being the highest point physics would allow the raft to go.

 

EDIT 2: Found the woman's post form coasterbuzz.

 

You people have NO idea what happened to my daughter on this ride. She doesn't even remember she suffered loss of short term memory. She doesn't remember the entire day. Second no one ever said these kids went all the way around or all the way to the top! They went to far up the side and because of gravity they fell. They were to light....They were not screwing around they are 10 and 11. NOT 16....I am pissed that all of you will sit here and say what my child was doing. She has suffered enough and then you people have to blame this on her....Hell it couldn't be the parks fault right....NO not here in America....hell lets put the blame on the 10 and 11 year old child. Who cares that she has 28 stiches in her head, loss of short term memory and other medical problems from her fall...Hell lets not even worry about the fact that it took Great America over 25 min. to call 911. People disappoint me. They would rather blame my daughter then even think it may have been the ride...I wonder how any of you would feel if this had been a sister, mother, or friend of yours. It's really sad to see that you all are on the BIG Business side of it all.

MOM OF KEELY

[redfoot12]

VekomaBoy,

When was that post?

Probably not too wise to be discussing a pending court case.

[Vekoma Fan Boy]

^6/16/06

 

And why would it not be a good idea? These types of conversations are quite common here.

[Jew]

^Really? We've discussed lawsuits we have filed against amusement park companies?

 

You never EVER make a comment about a pending lawsuit you are invovled in. Because it will definitely come back to bite you in the ass.

 

I wouldn't normally link to coasterbuzz, but I am too lazy to pull the rest of her quotes:

 

http://coasterbuzz.com/2006-163-620174.htm

 

Awfully odd that a random witness posted to validate her claims of negligence. And how in one post she said she wasn't there, but in another she was "waiting." And how her claim that letting 2 people sit in the clover rafts was negligence.

 

I smell a rat (and by that, I mean ambulance chasing douchebag lawyer).

[redfoot12]

^6/16/06

 

And why would it not be a good idea? These types of conversations are quite common here.

 

I only meant that it would have been inapporpriate if the mother had posted that recently. It wasn't anything against your post.

[mcjaco]

As for the question about waiting for a lawsuit, I have no idea. We get them six months to two years after the incident all the time. The only reason I've been able to come up with is that they think any witnesses' memory of the event will be less fresh. A lot of times it backfires, and we've already got numerous written statements and reports.

 

I really hope SF's legal counsel is informed of those posts. Those would be golden.

[Vekoma Fan Boy]

^Really? We've discussed lawsuits we have filed against amusement park companies?

You never EVER make a comment about a pending lawsuit you are invovled in. Because it will definitely come back to bite you in the a$$.

 

I wouldn't normally link to coasterbuzz, but I am too lazy to pull the rest of her quotes:

 

http://coasterbuzz.com/2006-163-620174.htm

 

Awfully odd that a random witness posted to validate her claims of negligence. And how in one post she said she wasn't there, but in another she was "waiting." And how her claim that letting 2 people sit in the clover rafts was negligence.

 

I smell a rat (and by that, I mean ambulance chasing douchebag lawyer).

 

OH NO! Of course not! (Not being sarcastic.) I meant just lawsuits against parks in general. I've never seen one that a TPR member has filed. (Have there even been any??)