i'm pretty sure I get the engineering guys side on this. who should be held responsible though? the park itself for allowing the ride? the ride designers? the state for allowing it to be built? I think the park ownership but I don't know that I have the law or whatever to back me up on that.
had this been a case of they built it and the first person to ride it was decaptiated, you probably don't see these charges. It's the wanton disregard for the safety of the public after knowing not only from testing and the initial days of operation that this thing was unsafe and the ensuing disregard once they knew that and also began covering up incidents and willfully disregarding safety measures.
Construction negligence is similar. I as an owner of the company can be help PERSONALLY liable if OSHA or the courts find the company grossfully and willfully negligent. If I tell someone to do something that my knowledge and training have proven to be patently unsafe I can be held responsible in addition to the company. For example, we erect a scaffold and I know that that scaffold is rusted through and in danger or catastrophic failure and tell them to do it anyway, I can be found criminally and civilly liable. If I build a building and knowingly and intentionally cut corners that lead to a tragedy, I can be found criminally and civilly liable.
That is it right there. It's them knowing it was unsafe after testing, and still going forward with it anyways, and touting it as "safe". And yes, that guy should be in jail. Blaming engineering or permiters of building the thing is wrong because that is not in their scope of work in this case.
The real cavalier person in all of this isn't so much Wacky IMO but the guy who said "eh, it might cause us problems allowing people this ride but YOLO" when continuing to operate it.
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