Schlitterbahn

[Spracne]

It doesn’t matter if they designed it to kill someone or not. That literally has nothing to do with anything in this specific case. They were negligent in designing it, their intend has exactly 0% to do with what is going on. I mean is that seriously an argument that is being brought up right now?

Not surprised that TBT is wrong on multiple accounts, here.

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[Spracne]

*with respect to the murder charge (for reasons that are probably not of general interest)

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[The Big Train]

It doesn’t matter if they designed it to kill someone or not. That literally has nothing to do with anything in this specific case. They were negligent in designing it, their intend has exactly 0% to do with what is going on. I mean is that seriously an argument that is being brought up right now?

Not surprised that TBT is wrong on multiple accounts, here.

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Probably in a legality light some of those things matter.  The whole argument Wacky just posted is absolutely astonishing.  IMO.

[8manpick]

Murder is weird, but maybe it's the same as negligent homicide in Kansas, I dunno. Manslaughter at the least seems appropriate.

[Phil Titola]

I obviously think jail time is weird, but I don't really understand how these things work. Do you guys think they designed this thing to kill someone? I just find it weird someone is going to jail for trying to create a fun water park for ppl and now they're in jail with real killers. Do you guys think that guy who jumped from a roller coaster because a snake fell in his seat at worlds of fun should ask for the creator of that ride be put in jail because they didn't create a shield for snakes falling in the ride?

I'll ask again...what should happen to them wacks?  You've spoken out against jail and monetary damages.....maybe they should just say they are really sorry and let this thing go?

[Spracne]

I suppose I should clarify where I stand. I feel that civil penalties are sufficient to deter future conduct. While you could make a colorable argument that the conduct fits one of the definitions of second degree murder in Kansas, it doesn't seem to me to jive with the spirit of the law. I don't like the fact that the family is availed of extraordinary measures simply due to their political position. I don't take issue with every single criminal charge, but at the very least, the murder charge has me very side-eye-y.

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[Phil Titola]

yeah 2nd degree murder only seems like a charge because of the dad's position in gov't...and didn't his dad vote to ease these regulations?

[Spracne]

yeah 2nd degree murder only seems like a charge because of the dad's position in gov't...and didn't his dad vote to ease these regulations?

He voted on a bill to cap non-economic tort damages at 300,000 dollars, then turned around and settled for 20M.

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[catastrophe]

I don’t think it’s crazy for people to be expecting criminal charges here. We all have seen folks like Bernie Madoff or the Pharma guy (Skreli?) get put in jail for a long time for screwing people out of their money. If these guys really did knowingly build a death trap and then convince people to ride it so they could get rich, it sure seems like they should suffer at least the same fate.

Haven’t read the statutes but I’ve got to imagine this kind of reckless attitude toward safety (again, if the risks really were as apparent as people now seem to think) is sufficient for some kind of manslaughter charge.

[catastrophe]

And for the JV lawyers, I don’t know how in the world you could prove pain & suffering damages on a class-wide basis.

[Spracne]

You couldn't. It would need to be more like a mass action (think: Mesothelioma or drug injury cases) than a class action. Plus, Kansas requires proof of actual injury if proceeding on a theory of negligent infliction of emotional distress. And it excludes PTSD-type diagnoses from those injuries. In short, Kansas is not very friendly to tort victims.

That said, any family members who witnessed this catastrophe do have a potential claim (But ironically their damages are capped at $300K due to the aforementioned bill voted on by the father).

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[The Big Train]

What constitutes a class/mass action suit to begin with?  I mean there are a relative(strictly how many injuries per total riders) small amount of people affected, and only the people there to witness the actual death result.  I guess I think of class/mass action as more than one site, plus a larger group of people.

[wetwillie]

Making late night house calls!

[Spracne]

What constitutes a class/mass action suit to begin with?  I mean there are a relative(strictly how many injuries per total riders) small amount of people affected, and only the people there to witness the actual death result.  I guess I think of class/mass action as more than one site, plus a larger group of people.

I don't think many people are interested in my response to this, but if you genuinely are, feel free to slide in my DMs.

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[420seriouscat69]

I mean that is borderline sub 70 IQ logic

if someone is questioning your expertise is sub human and dumb than eff human kind. I'm legit trying to get to reason here. I had to handle for profit for education questions many times without judging a persons IQ. Sorry your craft is being judged right now. Grow up.

[420seriouscat69]

Also, eff off.

[420seriouscat69]

I obviously think jail time is weird, but I don't really understand how these things work. Do you guys think they designed this thing to kill someone? I just find it weird someone is going to jail for trying to create a fun water park for ppl and now they're in jail with real killers. Do you guys think that guy who jumped from a roller coaster because a snake fell in his seat at worlds of fun should ask for the creator of that ride be put in jail because they didn't create a shield for snakes falling in the ride?

I'll ask again...what should happen to them wacks?  You've spoken out against jail and monetary damages.....maybe they should just say they are really sorry and let this thing go?

You should probably give up KC reviews for punishment

[420seriouscat69]

I mean that is borderline sub 70 IQ logic

if someone is questioning your expertise is sub human and dumb than eff human kind. I'm legit trying to get to reason here. I had to handle for profit for education questions many times without judging a persons IQ. Sorry your craft is being judged right now. Grow up.

I also judge double majors. Sack up and pick something already or declare a major.

[Fake Sugar Dick (WARNING, NOT THE REAL SUGAR DICK!)]

Merking?

[puniraptor]

Sorry your craft is being judged right now. Grow up.

blockchain didn't kill that kid

[The Big Train]

I mean that is borderline sub 70 IQ logic

if someone is questioning your expertise is sub human and dumb than eff human kind. I'm legit trying to get to reason here. I had to handle for profit for education questions many times without judging a persons IQ. Sorry your craft is being judged right now. Grow up.

I also judge double majors. Sack up and pick something already or declare a major.

So you judge people who want to obtain more knowledge?  Seems weird.  My craft isn’t being questioned, I don’t do structural or mechanical engineering.  I just think saying someone should be absolved of everything because they just wanted to create a fun water park is pretty simplistic reasoning.

[GregKSU1027]

I mean that is borderline sub 70 IQ logic

if someone is questioning your expertise is sub human and dumb than eff human kind. I'm legit trying to get to reason here. I had to handle for profit for education questions many times without judging a persons IQ. Sorry your craft is being judged right now. Grow up.

I also judge double majors. Sack up and pick something already or declare a major.

So you judge people who want to obtain more knowledge?  Seems weird.  My craft isn’t being questioned, I don’t do structural or mechanical engineering.  I just think saying someone should be absolved of everything because they just wanted to create a fun water park is pretty simplistic reasoning.

I have the utmost respect for double majors because I know that I couldn't do it.

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[Woogy]

I obviously think jail time is weird, but I don't really understand how these things work. Do you guys think they designed this thing to kill someone? I just find it weird someone is going to jail for trying to create a fun water park for ppl and now they're in jail with real killers. Do you guys think that guy who jumped from a roller coaster because a snake fell in his seat at worlds of fun should ask for the creator of that ride be put in jail because they didn't create a shield for snakes falling in the ride?

I'll ask again...what should happen to them wacks?  You've spoken out against jail and monetary damages.....maybe they should just say they are really sorry and let this thing go?

Live ride safety boundary test subjects.

[ChiComCat]

I just find it weird someone is going to jail for trying to create a fun water park for ppl and now they're in jail with real killers.

He's not going to jail for trying to create a fun water park ride for people.  He's going to jail for showing a pretty blatant disregard if those people live or not.

[DQ12]

I suppose I should clarify where I stand. I feel that civil penalties are sufficient to deter future conduct. While you could make a colorable argument that the conduct fits one of the definitions of second degree murder in Kansas, it doesn't seem to me to jive with the spirit of the law. I don't like the fact that the family is availed of extraordinary measures simply due to their political position. I don't take issue with every single criminal charge, but at the very least, the murder charge has me very side-eye-y.

Kansas' second degree murder statute is fairly standard in that it provides for an unintentional killing with an extreme indifference to the value of human life.

I'm not sure that the his dad's political status has much to do with the prosecutor's decision.  It's a gruesome and horrifically tragic episode -- a final destination movie come to life.  Anytime a child's head gets lopped off at an amusement park, it's going to be a pretty emotional case, no matter who the kid's dad is.  The community wants retribution for this, and given that the conduct (arguably) fits the second degree murder elements, I don't have a problem with the charge.  I also wouldn't have a problem if the guy gets acquitted.

No doubt the prosecutor swung for the fences -- and the case is far from a slam dunk.  It'll be interesting to see if a plea deal happens.