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If there was a well know design flaw, why did the parents bring a kid there and why did they not hold his hand near the moving sections?
No fault, just an accident. Case dismissed.
I think I mentioned this earlier --- on the one hand parents claim restaurant should have know or knew it was an obvious hazard that was very dangerous yet at the time they were right there with him they didn't themselves see it as any kind of threat..you can't have both imho
Why would they the parents know about the design flaw? Only the restaurant would know about that, and they certainly would not publicize it to customers.
They had eyes and were his parents.. if it was so obviously dangerous as they accuse the question becomes then why didn't they see it as such?
When I took my little girl anywhere there was a small space that she could get a finger pinched in if she were to put her hand in I held her hand away from it... we went on a little kid train ride, not a dangerous bungee jump and yet on the little train I could see there was a small space on the side of the seat the size for a curious hand to reach in-- I saw it and just in case held her hands on my lap.. should that train ride be sued if a parent doesn't pay close attention and their toddler is hurt?
I used to sometimes take her to this "adult" Mexican style restaurant and she would get restless and sometimes get squirmy and want to start to try to slide down under the table, and if I had let her she would've no doubt begun wandering around exploring-- it was not a indoor child's playground so, I didn't let her. If it became too much a battle of wills, we left.
As someone pointed out in the thread, the rotation is at snail pace, not like a Disneyland ride-- so the narrowing didn't quickly enclose, the rotation from my understanding and the despiction of it would be so slow so as not to be something that would create a dangerous hazard. I admit if he were my child in my blind grief I might lash out and sue everyone I could, but objectively speaking I really as a very cautious parent myself am having difficulty being convinced the restaurant was culpable in not drawing a conclusion a 4-5 inch space could be a life threatening hazard. How hazardous was it really also since in 41 years of diners frequenting the restaurant nobody was even injured
Rotation that looks slow on the grand scheme might be quite quick in the niches. It might be moving at no more than a few inches a minute, but at the point that an opening is closing from five inches to four inches, it's only seconds.
I see those two moving surfaces, and it's pretty darned clear to me that sooner or later some woman's high heel is going in there, or some juvenile or juvenile-minded idiot is going to stick something in there just to see what happens.
Maybe that mode of thinking comes from years of riding herd on high-spirited 18- 19- and 20-year-olds who have watched all the "Jackass" movies several times, but I see massive moving parts and think there needs to be a screen between people and those massive moving parts.
Last edited by Ralph_Kirk; 11-21-2017 at 09:44 PM..
I read this article and--if it is accurate--the restaurant is legally culpable under a negligence theory.
I would encourage those who wish to express an opinion here to first read the article. The child's parents were right there with the child. This not an issue of parents failing to supervise a child. Its a question of the restaurant set up in a way that creates a dangerous safety hazard. Anyone ought to know that when one surface moves and another surface stands still there is danger to anyone or anything who gets pinned in between.
Its a shame it took such a horrible death to spotlight this problem.
I’ve been to this restaurant a couple of times. It has been there many years and no one has been hurt before. This young child was left unsupervised and wandered away. What was he doing out of his seat anyway? Why wasn’t a parent standing with him and holding his hand? This is a restaurant that is not appropriate for young children. It is beautiful and a lovely place to view the city of Atlanta at night or during the day. They have many very long -time employees who would lose their jobs if it closed. It would be a shame to deny many residents and tourists the enjoyment it provides because some parents were very careless and distracted. It is truly sad that the child died. Why didn't one of the parents hold this child and show him the view. That would have been appropriate in a busy restaurant and a nice way to spend time with him. Did Disney close down after parents left their very young child unsupervised and he was dragged by a crocodile underwater and drowned. No, Disney made safety changes, but thousands of people and children were not denied the enjoyment of the park. It’s time parents quit being so lazy. Time to watch your children, especially in public places.
Last edited by staywarm2; 11-21-2017 at 10:12 PM..
You're missing the point entirely, have you served in the military? In the military there are constant and endless risks, in combat and not. Yes, they do imagine scenarios of all kinds because the hardware costs millions of dollars and thousands of dollars go into training a specialist to carry out operations. You don't leave all of that expense to chance of something simple that got overlooked.
No, I haven't served in the military. But, I have a brain. And with that brain I have come to know that if the military attempted to eliminate ALL risks, they would never get out of the barracks. So, the principle you are espousing--foresee all risks, eliminate them--is just not possible. And, I submit, it is not even desirable. As Dostoyevsky wrote:
Quote:
Now suppose one day they really find a formula at the root of all our wishes and whims that will tell us what they depend on, what laws they are subject to, how they develop, what they are aiming at in such and such a case, and so on and so forth-that is, a real mathematical equation? Well, chances are that man will then cease to feel desire. Almost surely. What joy will he get out of functioning according to a timetable? Furthermore, he'll change from a man into an organ stop or something like that, for what is a man without will, wishes, and desires, if not an organ stop?
People have to have the ability to do something that is not safe, not secure. If we remove all possibility of such experiences, we end humankind. I am sad a child lost their life. But some child somewhere is going to lose their life, and after that somewhere else another child is going to die, and it is going to happen again and again and again, to different children, forever. Why? Because if we eliminate all such possibilities, we eliminate the human species.
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Originally Posted by snowtired14
I imagine since the restaurant has been in business for over 40 years, it has seen several transformations that were not considered in the original design. I can also imagine that the subsequent designs were more cosmetic than architectural, and they hadn't considered risk threats, unfortunately this kid found one. Now this restaurant is facing litigation, it's costly both financially and in their reputation. Their capital and business is at risk, so it makes a safety assessment look pretty inexpensive and proactive, doesn't it?
AS someone said above, the key phrase in your statement is "I imagine . . ." A vivid imagination is a wonderful thing. I have one, I enjoy it, its not easy to keep it alive as one grows into adulthood, so I applaud you for having one. So, yes, a vivid imagination is a wonderful thing. But, it is not proof.
I’ve been to this restaurant a couple of times. It has been there many years and no one has been hurt before. This young child was left unsupervised and wandered away. What was he doing out of his seat anyway? Why wasn’t a parent standing with him and holding his hand? This is a restaurant that is not appropriate for young children. It is beautiful and a lovely place to view the city of Atlanta at night or during the day. They have many very long -time employees who would lose their jobs if it closed. .
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.
Last edited by PriscillaVanilla; 11-21-2017 at 10:35 PM..
Tragic death, but children in restaurants should be sitting on chairs, not exploring. A rotating restaurant is a giant machine with obvious risks.
As sad as I feel for the parents and the poor child, I think a counter suit by the restaurant against the parents for letting their child wander is not without merit.
If those risks were so obvious, they should have been even more obvious to the people who owned and operated it and they should have adequately mitigated against those risks. In fact a recent renovation actually REMOVED safety barriers that were designed to prevent exactly this kind of thing from happening.
They are going to pay big, and they should.
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Originally Posted by staywarm2
...This is a restaurant that is not appropriate for young children...
I guess the restaurant itself forgot to take notice of this fact, seeing how they offer a kid's menu and provide crayons and coloring sheets.
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