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That's on the outermost edge of the rotating platform. Where the accident happened was closer to the center, so the speed (linear velocity) would be less.
The old line about "personal responsibility" is legitimate, but does not apply to all accidents.
It's true.
In this case. there was a gap, I'm sure it was a known gap, and I don't know what they could have done to mitigate the danger of the gap...but sometimes freak things happen, too. Like all the signs and ropes and people still fall into holes in hot springs, etc.
Your kid can't be on your chest like a lemur all day long, either.
In what way and to what extent it depends.... but you realize that with all the caution, signs, safety nets etc accidents still can happen, right? There are accidents due to the reality of the way the world works, that some accidents are not blameworthy.. as much as some people want to hope if they just use enough caution an accident will never happen it sadly doesn't work that way. As much as we wish it could.
What you are raising is as much a philosophical question as a legal question.
Accidents are not metaphysical events. There is cause and effect in this world and the laws of physics explain accidents, injuries, and fatalities. I actually appealed and obtained reversal of a jury verdict from my state's court of appeals on the basis that the trial court had given the jury an instruction in a routine car accident car case that there is something known as the "unavoidable accident". In essence, the court held that such accidents may exist, but they are extremely rare and it was unwilling to permit trial court judges in motor vehicle cases to give such an instruction.
There are cases where accidents happen and it is impossible to prove carelessness or negligence on the part of someone. There are also cases where the claimant is the one responsible for his own injuries and suffering.
However, I think we need to stop thinking about accidents as something that sometimes "just happens". The better approach is to analyze and ask why they occurred. Engineers have a process they follow in such situations called 'failure analysis".
The airline industry has reached a point where it is essentially "accident-free". When I grew up, airliners crashed and often everyone on board the plane would die. The USA has not had an airline disaster now in over ten years. Its the result of a helluva lot of attention being given to safety considerations. I also dare say that the liability system we have in America played a key role in making this industry a no-fatality, no accident industry.
Accidents don't just happen. They are caused.
Last edited by markg91359; 11-22-2017 at 08:04 AM..
I'd rather see the restaurant closed down, than see another person get injured or killed. They can open up the business somewhere else - in a safer building that has been inspected for potential dangerous issues. Also, I'm not aware the parents are actually asking for the restaurant to be closed down.
Would you rather see all the freeways closed down, than see another person get injured or killed? Would you rather see all the ski resorts closed down, than see another person get injured or killed? Maybe we need to close down all sports leagues, ban motor vehicles, get rid of electricity, eliminate multi-story buildings, and get rid of anything that is hot or sharp.
Life is terminal. Everything carries a risk. I'd hate to live in a world governed by knee-jerk "if it saves even one life" reactionists where everything in society is child-proof and jackass-proof.
I agree.
I hate the term 'car accident.'
An accident, by definition involves an unforeseeable event.
Driving like an ahole, speeding, tailgating, weaving, texting, drinking, etc, while driving does not an unforeseeable event make.
Our trauma charting calls it MVC instead of MVA. Collision. Not accident.
Would you rather see all the freeways closed down, than see another person get injured or killed? Would you rather see all the ski resorts closed down, than see another person get injured or killed? .
Those are not good analogies. Seeing one restaurant close down is not the same as seeing every restaurant close down. Do you see the fault in your argument?
Also, tons of restaurants around. It's a hugely competitive type of business. There are hundreds of restaurants in my own city. One of them closing down wouldn't make much difference.
Your kid can't be on your chest like a lemur all day long, either.
True. Many posters on CD are not parents (and there's totally nothing wrong with that) but they have very little understanding of standard parenting practices. A typical 5 year old is perfectly capable of being a few feet away from his mom or dad. There is, generally speaking, no known danger with that in a public place like a restaurant. By age 5, most children aren't being carried anymore. Again, something a non-parent would not be very aware of. It's also perfectly legal to take young children to restaurants unless the restaurant specifically prohibits children being there. Are kids in restaurants bothersome to the perpetually "victimized" childfree crowd? Sure, but that is a separate issue altogether, not a legal issue with regard to this lawsuit. Children have a legal right to be in most public places, whether some like it or not.
I agree.
I hate the term 'car accident.'
An accident, by definition involves an unforeseeable event.
Driving like an ahole, speeding, tailgating, weaving, texting, drinking, etc, while driving does not an unforeseeable event make.
It is an accident to the other party.
If we stretch the definition of foreseeable to include the slightest possibility then there is no such thing as an accident. Of course, every time I drive I know someone could veer into my lane or blast through a sign/signal in a way that I cannot avoid.
I'd rather see the restaurant closed down, than see another person get injured or killed. They can open up the business somewhere else - in a safer building that has been inspected for potential dangerous issues. Also, I'm not aware the parents are actually asking for the restaurant to be closed down.
Also, you don't know for sure if no one has ever been hurt before in this restaurant. This is something that will be looked at in the discovery phase of litigation. The plaintiff's attorney will be investigating to find out if there have been other reports of injuries or other complaints from customers.
I live in the area and there was plenty of coverage about this incident. This restaurant with its unique revolving design is the only one in Atlanta. Another building like it more than likely could never be built. The view and the revolving floor provide the reason for the restaurant's location. There is no other place where it could move to with the ambiance and gorgeous 360 degree view of the city. One set of parents who were remiss does not mean it should be closed down because you think so. I've been there. It's not dangerous. Should we close off Niagara Falls because some lax parents might let their kid get too close? Time for parents to WATCH THEIR KIDS and get off their cell phones!!
Those are not good analogies. Seeing one restaurant close down is not the same as seeing every restaurant close down. Do you see the fault in your argument?
Except you don't want to close down just one restaurant. You want to close down any restaurant where there is the slightest remote risk of something bad happening. And that is all restaurants. A child could climb onto a chair, topple over, and break his neck. A child could start running, run into a waiter, and have ten bowls of scalding soup dumped on him. A child could run and trip and hit his head on a sharp or hard object.
The analogy is that in all those activities there is a slight risk that something could happen. There is no feasible way to prevent it 100% without getting rid of the activity.
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