Probs can't sue the state here. But given the state's contributory negligence, I feel that the criminal sanctions are a bit heavy handed.
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What do you expect the state to do? They are there to verify things are in working order that exist, so while they may have caught and corrected the braking system issues (and even that is a stetch given that typically this is an annual inspection basis), they aren't cracking the engineering books and verifying a ride isn't going to decapitate a 9 year old. The lack of state inspection here is really fairly overstated. The ride was inspected upon opening by the state and passed due to the above reasons.
That the ride was inspected and passed such inspection should counsel against criminal prosecution. While I'm not saying the State needs to have its own engineers sign off on individual ride designs*, would it be so hard to require attestations that new rides were engineered by, uhh, professional engineers?
*Although really, how burdensome would that be? It's not like there are that many new amusement park rides built in Kansas on a yearly basis. The real motivation would be avoiding liability, or at least the appearance of liability (because 11th Amendment).