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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!!
My solution would be to eliminate spaces that allowed for this to occur. Post warning signs. Possibly consider not allowing young children inside. Also, assess other potential safety hazards while doing this.
Than, compensate the family of the dead child.
Keep the restaurant. Perhaps, all the customers eating at the restaurant will have to pay another $1 on their restaurant tab to pay for all of this.
That seems a reasonable resolution of this problem to me.
Last edited by markg91359; 11-22-2017 at 08:40 AM..
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'm a parent and grandparent of 4 kids. Children should not roam free in restaurants (or stores, for that matter). They should be supervised. The parents knew this was a revolving restaurant. And I know a 5 year old can be lifted up to look out the glass. Are you new dads too weak to hold up a 50-60 pound kid???
Sure it's legal to take a kid to a restaurant, but it's very poor manners to let them disturb other diners. One year we were at another very nice restaurant for our anniversary. A group of families were letting their kids run up and down the aisles between the tables (including ours), making noise and disturbing the other diners. We finally asked the waitress to speak to the parents so our nice anniversary dinner ambiance wouldn't be ruined. She did speak to them. Guess what? The kids were still allowed to run all around. Parents today are not teaching their kids manners, or even safety. Children running loose or left sitting in a cart in a store alone are sitting ducks for kidnappers and sexual predators. Shame on you lazy parents!!!
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 descripction 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
You can't include all 41 years of it's existence as there was a full remodel/renovation done in 2013. So the clock has been reset to a 4 year history.
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.
You're wrong, actually. And it doesn't matter what happens with the case, you're still wrong.
First of all, the fact that someone gets injured anywhere doesn't mean that the establishment was at fault. That's the basis, however, of most lawsuits -- which work, I might add -- which claim that tripping on a cracked sidewalk means the city is at fault or a "slip and fall" claim. It's analogous to someone throwing themselves out of a window and then their family saying "you should have had window guards." Sure ...what's your point? But you're right that you might win in court. But that only highlights how flawed the courts are in America, not that you are actually right.
Second of all, the family claims they needed some sort of "kill switch" for the restaurant. As if you can just stop a rotating restaurant with a button on a dime. Sorry, the kid is getting crushed. You should have watched him better if he was so precious to you. Now you learned, so you can improve with your next child.
My solution would be to eliminate spaces that allowed for this to occur. Post warning signs. Possibly consider not allowing young children inside. Also, assess other potential safety hazards while doing this.
Than, compensate the family of the dead child.
Keep the restaurant. Perhaps, all the customers eating at the restaurant will have to pay another $1 on their restaurant tab to pay for all of this.
That seems a reasonable resolution of this problem to me.
This guy should be a lawyer because, like lawyers, he's great at telling everyone how to, for example, construct a rotating restaurant. He just doesn't do it himself. But he just walks around and says "here's my suggestion: no spaces between moving parts." And then all the engineers and architects are like "omg, why didn't I think of that?? No spaces between anything! Of course!" And then he goes "...but since you didn't follow my brilliant suggestion, prepare to pay up." And then he can gather together 12 people who are just as non-educated at architecture or design as him and they go "yeah, if I built a rotating restaurant, I'd definitely have no spaces anywhere between anything that moved." And then one guy might say "uh ...then how would the restaurant move?" And then this guy will be like "that's not my problem, I just make things safe. Safe for the world!" And then everyone cheers and goes "Mark for President!!"
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[quote=movingthru;50200076
That's the basis, however, of most lawsuits -- which work, I might add -- which claim that tripping on a cracked sidewalk means the city is at fault or a "slip and fall" claim. It's analogous to someone throwing themselves out of a window and then their family saying "you should have had window guards." [/QUOTE]
When people fall on uneven sidewalks, and the city knew they were cracked, it's their fault.
When someone uses a product/facility fully as it's intended to be used - that is, walking on the sidewalk, and they get injured using it exactly as intended because the item is broken and the city knows it, they are liable.
I have a friend whose 8 year old was jogging on the sidewalk and fell and broke his jaw (didn't sue) and a friend who very recently fell and broke her arm and got a concussion (didn't sue) because of an obvious 3" elevated crack in the sidewalk. In the child's case even though the city was warned, that sidewalk is worse than ever and no one walks on it anymore - walkers and runners prefer to take their chances getting hit by a car than navigate that broken sidewalk. In the more recent case, the city was in that gated neighborhood the NEXT DAY and they smoothed out all the sidewalks.
It could be a fact to find at trial depending on the hotel’s position but I have a feeling that if the family is wrong on this their case will be severely diminished.
It’s strange that the first reports were wrong rather than what’s alleged months later in the lawsuit... Obviously, someone was wrong here and I’m not entirely convinced it was the police. I’m always suspicious of tort claims like this. I just think that sometimes, accidents happen and maybe no one is so negligent that victims deserve multi-million dollar payouts. It seems people have managed to use this restaurant for decades without any deaths, unclear on injuries relating to the rotation but no articles I’ve seen mention previous similar cases in any way - injuries or deaths.
The thing is the police weren't there, they took reports from witnesses and often witnesses are wrong, then of course, you have the reporters who take what they are told and often twist it. At the time, I am sure the parents were too distraught to give their account of what occurred. Don't blame the police for wrong information, they are only reporting what they are given.
That definitely is not a snail's pace. It is fast enough that the back of a bench could go from passable for a child, to stuck, to crushed in a minute or less. The benches shouldn't have been positioned such that they are passable then impassable. There should have been a minimum distance between wall and bench so that the average person doesn't become stuck.
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.
I live in the Orlando area, and I read a great deal on the gator case. I feel Disney was 100% culpable in what happened. I have been on that "beach" for what they called family movie night. They did nothing to give people any sense that there could be danger. Gathering people next to the water on the sand with a giant blow-up screen to watch a movie. Disney likes to come across to families as a magical place. They didn't want to warn people of the danger. The hotel next door, not Disney-owned, had warning signs next to the water for their guests about gators. THEY showed responsibility, unlike Disney. "Cast members", what Disney calls their employees, were told not to tell guests that there were gators around the parks. Little Lane Graves was NOT unsupervised by his father. He was a few feet away gathering sand in his pail when the gator shot out and clamped onto him. They were there with many other unsuspecting families in an area they would have assumed Disney worked to keep safe for them.
When people fall on uneven sidewalks, and the city knew they were cracked, it's their fault.
No, it's actually not. And you may definitely win a lawsuit over it, but that's irrelevant. If you can't navigate a cracked piece of pavement without injuring yourself and then blame someone else for it, then the reality is you probably should not be walking. Anywhere. Ever. But I get that there are lots of people who have been conditioned by lawyers to believe that unless the world is constructed of completely smooth surfaces with no grade and no objects in your way that someone is to blame if anything ever happens.
By the way, I think it's funny that you claim that a 3 inch elevation in a sidewalk is grounds for anything. You know what you do when you encounter a 3 inch elevation in a sidewalk? You lift your leg 3 inches. It's like magic.
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