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Taking information from when his mothers attorney spoke on video, he claimed that people have contacted him saying that Tyre was directed to that seat to sit in. He also said that he's had reports that there were a few seats that had been adjusted to allow for bigger/larger riders but he did not specify how many seats had been adjusted.
I don't recall if it was him who said or an article I brought over that said the manufacturer was training people from before it opened in December until some time in February, it is my thinking that they are the ones who "adjusted" the sensor on at least two seats before leaving.
It sounds like these at least two seats were automatically able to bypass the trigger because of how it was set, meaning that the employee did not have to do anything in order for a larger person to ride except direct them to sit in this adjusted seat which is what happened that night, so the employees knew these seats were adjusted for larger people.
I do agree someone should be criminally charged, I've said it all along. Even though the employee did not manually adjust the seat, he knew it was adjusted for larger people. He was also trained to know the weight limit, we do not know if there is a height limit, what we do know is something to the effect of "if a person does not properly fit in the seat, they should not ride" which was in the manual.
The employee should get some sort of slap on the wrist, with the manufacturers employee or employees, whoever was there training, also being charged but that will not happen if they do not live in the US.
I caught another article just now that his parent formally filed their lawsuit. I knew they would be including "loss of future earnings" which they will say he was shooting to be in the NFL had he not died.
They're suing the Slingshot Group who is the company that operates the ride, ICON Park, and the ride's manufacturers, Gerstlauer Amusement Rides GMBH which is in Germany. If I were younger, I would seek out some of their rides. They make some sick roller coasters.
I'm surprised that it does not specifically state they're suing the employees too but the title does say "staff" ignored the height and weight restrictions so who knows.
The article below shows pictures of seats 1 and 30 as being the two seats that were adjusted if I'm interpreting it right. Tyre was in seat 30. It makes me think that at least the first and last seats were the adjusted ones, I wonder if there are two more to balance that out with say seat 7 and 15.
Their suit mentions failing to provide a $22 seat belt which IMO is not needed when the harness is properly closed. The harness is the seat belt. No one is going through a few inch opening.
I still think the state should be included, to make them change that ridiculous and dangerous policy that makes posting height and weight restrictions optional for the owners of these rides. I would bet the bank that if there had been a sigh in front stating max weight 286 pounds, he would never have gotten on.
The TEENAGE ATTENDANT probably had no idea. It's the RIDE OPERATOR.
This terminology is nearly problematic as "harness" (which it wasn't) versus "brace" (which it was).
The ride operator (Slingshot... Not ICON the land owner, not Fun Time, the manufacturer) is the teenage attendant's manager. If the attendant was trained, he/she is at fault as well.
The ride operator (Slingshot... Not ICON the land owner, not Fun Time, the manufacturer) is the teenage attendant's manager. If the attendant was trained, he/she is at fault as well.
That depends how the attendant was trained and what his training consisted of.
If the case being made is that he was supposed to KNOW that seat would kill the rider or was supposed to accurately GUESS the weight of the passenger, don't think that will hold up in court.
It's like trying to sue the cashier at the drive-thru window for the burger that gave you food poisoning.
I still think the state should be included, to make them change that ridiculous and dangerous policy that makes posting height and weight restrictions optional for the owners of these rides. I would bet the bank that if there had been a sigh in front stating max weight 286 pounds, he would never have gotten on.
I don't think the state has any responsibility here at all. The ride operator should have been doing that on their own even if it is optional.
The TEENAGE ATTENDANT probably had no idea. It's the RIDE OPERATOR.
This terminology is nearly problematic as "harness" (which it wasn't) versus "brace" (which it was).
The attendant was the ride operator. It was his job to ensure that the person fit in the seat and the harness properly.
Quote:
Originally Posted by Arcenal813
The ride operator (Slingshot... Not ICON the land owner, not Fun Time, the manufacturer) is the teenage attendant's manager. If the attendant was trained, he/she is at fault as well.
Yep. I'm still wondering exactly what his training covered. The first question the other attendant asked was if he was sure he checked before he sent the ride up. Makes me think they were trained on that.
Wrong. The ride operator was the attendant's boss.
The RO pre-adjusted certain seats and instructed the A to direct larger riders to them.
Whether or not the A checked it is irrelevant in this case. The rider checked it, and it was locked. It wasn't a failure of the brace to lock that led to the death.
Agree to disagree unless and until that's clarified to everyone's satisfaction.
Reports are saying that the operator (Slingshot) made the adjustments/overrides, and not the manufacturer (Funtime.) Operator can be anyone from the manager, to the teen pushing the buttons.
Personally, I don't know if I believe that, I think it was the manufacturers employees during training. I don't think slingshot would know enough about the ride to do something like that but I could be wrong
Quote:
Originally Posted by otterhere
But NO ONE thought it was dangerous. NO ONE thought a nearly 400-pound body could slip through a 7" opening. Would you??? I'm just surprised the ride operator who did adjust the seat -- who is, now, finally, thankfully, formally being officially distinguished from the teenage attendant who didn't adjust the seat-- didn't pre-adjust MORE of the seats since 1/3 of the American passenger population is "big."
I read somewhere that they were going for just $30k plus funeral expenses, which seemed to be aiming a bit low. His lifetime earnings as a pro football player sound more like it, although there's no guarantee he wouldn't have died of complications of obesity before even making it to college...
Sorry but the ride employee knew enough to put larger people in seat 1 and 30. They are still to blame in my book.
No one knows if he'd even get to the NFL or if he would do anything with collage football.
I know someone who played for Kansas state then with the Rams, their career was ended very early. Big guy like this kid. I personally knew who this kid was, he had a promising career. He then tried acting, was in a few movies but that was it.
Quote:
Originally Posted by ocnjgirl
The earlier article I posted specified the ride attendant, but they (investigators) aren't releasing names. It specifically said the "individual attendant".
That is who is to blame for him being able to ride it that day. They did not do their job. It was obvious he did not fit in that seat
Quote:
Originally Posted by ocnjgirl
The operator's manual did. The manual said A. The weight limit for the ride is 286 pounds, which they never posted, and B. That large people must be examined in the seat and if they don't fit properly in the seat without adjustments than they cannot be allowed to ride.
Also remember, on the other rides he tried to go on before this one, those ride attendants told him straight out he wasn't safe to go on, no one adjusted anything to make him fit.
I'm not saying I blame the attendant, I feel sorry for him/her. But they ignored the procedures they were supposed to follow. I actually don’t think there’s any single party at fault here, but several parties share the blame.
I agree several share the blame. Whoever adjusted that seat to begin with, is the most. I'll say it again, employee should get some sort of slap on their wrist.
Quote:
Originally Posted by Arcenal813
The ride operator (Slingshot... Not ICON the land owner, not Fun Time, the manufacturer) is the teenage attendant's manager. If the attendant was trained, he/she is at fault as well.
Right, Slingshot is the owner of the ride. They did not train the employees according to articles I brought over, it was the manufacturer who did that from December until February. My money is on the manufacturer as the one who did that. I'm not even sure if they told Slingshot they did anything except seats 1 and 30 allow larger riders. They may have even said it's ok because it is balanced out with skinnier people.
Quote:
Originally Posted by otterhere
That depends how the attendant was trained and what his training consisted of.
If the case being made is that he was supposed to KNOW that seat would kill the rider or was supposed to accurately GUESS the weight of the passenger, don't think that will hold up in court.
It's like trying to sue the cashier at the drive-thru window for the burger that gave you food poisoning.
Maybe you should go back through the thread to look at posts I made where I've already quoted articles that said it was the manufacturer that personally trained these employees, hands on, they also most likely knew the manual too like the Colorado ride employees did too.
Quote:
Originally Posted by otterhere
Wrong. The ride operator was the attendant's boss.
The RO pre-adjusted certain seats and instructed the A to direct larger riders to them.
Whether or not the A checked it is irrelevant in this case. The rider checked it, and it was locked. It wasn't a failure of the brace to lock that led to the death.
Agree to disagree unless and until that's clarified to everyone's satisfaction.
(It has been to mine.)
It is not called a brace, it is called a harness in every article I've read. I've also brought over the definition of harness. It was a 5 point harness when a regular sized person sat there.
I don't understand why you are arguing that the ride employee has no fault when all of the other employees turned the kid away that day. Why is it that they knew he was too big but this employee did not?
I guess most of us will have to agree to disagree with you, and for me, no matter what you say, you are not changing my mind on who is at fault. Even the girl employee asked the male employee if he was checked. He said yes the light was green, so it was his job.
The ride owner, slingshot is not who trained the employees, it was the manufacturer. You really think that slingshot bought this ride and just started training people on it? I think they were also trained at the same time as the employees who would work the ride. I don't think they were qualified to train anyone until they got trained themselves.
A "harness," if you look it up in the dictionary, is a series of straps; this is a brace, regardless of what they call it in the articles.
I assume the other rides which he was prevented from riding had size limits posted, and this one didn't. It's not the attendant's fault the RIDE OPERATOR didn't post the size limits.
But since there seems to be such a will to persecute this teenager, that raises a question. Is he a juvenile? Because they aren't held accountable even when they flat out raise a handgun and shoot someone, much less "kill" someone is such an indirect, unintentional, and convoluted way as this, as so many of you insist....
A "harness," if you look it up in the dictionary, is a series of straps; this is a brace, regardless of what they call it in the articles.
I assume the other rides which he was prevented from riding had size limits posted, and this one didn't. It's not the attendant's fault the RIDE OPERATOR didn't post the size limits.
But since there seems to be such a will to persecute this teenager, that raises a question. Is he a juvenile? Because they aren't held accountable even when they flat out raise a handgun and shoot someone, much less "kill" someone is such an indirect, unintentional, and convoluted way as this, as so many of you insist....
If I design something and it blows up due to my negligence, both I, AND my employer, will be held accountable.
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