BGW Sued For $2.5m in Separate Suits

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Jonesta6

Jonesta6

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Locker room in the second suit? Where would that be, assuming a scare actor would have even been outside of the front gate.
 
BGWnut

BGWnut

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Jonesta6 said:
Locker room in the second suit? Where would that be, assuming a scare actor would have even been outside of the front gate.
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Based in the description of the location it would have to be the lockers behind England candy which is in a scare zone. There are no other lockers near the front of the park. And there are definitely none outside of the park. I wonder if her attorney even visited the park to determine where it happened.

The trade winds lady it doesn't even should like she is alleging the ride malfunctioned just that it injured her.

Both of these are pretty ludicrous and not going anywhere. These attorneys are basically just hoping that SEAS will decide it's not worth fighting it and just settle.
 
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Applesauce

Applesauce

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I'm just trying to wrap my head around waiting 20 MONTHS before filing a suit for an injury.

The other one is just... Do the scare actors even go back that way? To the lockers? As far as I'm aware they just hit the main path in England.

This just sounds like it's easy money for them, and waste of bgw/seas time.
 
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BGWnut

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Applesauce said:
I'm just trying to wrap my head around waiting 20 MONTHS before filing a suit for an injury.

The other one is just... Do the scare actors even go back that way? To the lockers? As far as I'm aware they just hit the main path in England.

This just sounds like it's easy money for them, and waste of bgw/seas time.
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That's exactly what it has to be. Just hoping that SEAS is willing to just settle instead of fighting it in court because it'll be cheaper.
 
horsesboy

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Applesauce said:
I'm just trying to wrap my head around waiting 20 MONTHS before filing a suit for an injury.
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Not defending the lawsuit as both sound kind of bogus to me. But the time period is not completely unbelievable if the injuries were bad enough which they don't sound like they were.

About 5 years ago s kid ran a stop sign and I hit him hard. I had a badly screwed up knee from the accident. I had to higher an attorney to deal with it and he advised waiting on it till the medical situation was over to ensure that full cost were covered. It was a little over a year before we were in court so 20 months isn't as crazy as it sounds if there was some sort of injury that required prolonged treatment.
 
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rswashdc

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The one claims she hit her head because a scare actor scared her. Head injuries are no joke and can cause pretty significant medical bills or loss of function depending how bad.

I'm assuming this was near enough to something where being scared/startled could cause someone to crash into another hard object. They'd probably look at whether Busch Gardens SOPs were followed on how scare actors interact with guests, particularly in an area where a guest could get injured (e.g. near a ledge, wall, window, etc.) and whether a Busch Gardens employee created a hazardous and dangerous situation for a guest.
 
Jonesta6

Jonesta6

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Initial assumption on my part is it's highly unlikely the park or it's employee did anything wrong, but the lady also had a more intense reaction than was warranted.

I'm also guessing park staff took statements, saved any surveillance video, and got medical services to evaluate as soon as they knew a guest was injured.

However, if she didn't notify the park she was injured (or more likely said she was ok at the time and declined medical services), then I'd think the resulting medical complications from her refusal of service would not be the park's problem.

Of course, one employee in this situation that ignored or wasn't aware of procedures on how to handle this kind of incident leading to injury or further medical complications would probably be pinned back onto the park, and may also be after the employee as well.
 
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BGWnut

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You are correct. If she refused medical attention and said she was fine then the park has a pretty solid defense. But if she didn't report it she then has to prove that the injury happened at BGW and not somewhere else. Her story already has at least one hole and that's because she claimed she hit it outside the entrance on an open locker. There are none of those outside the park. There first ones inside the park are literally in a scare zone.
 
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Jonesta6

Jonesta6

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I'm not sure if the location presented is a result of poor journalism or part of the suit - and if it's part of the suit how critical the location was because technically the entrance and parking lots are park property.

And unless I'm remembering their location incorrectly, the lockers aren't exactly in close proximity to the center of flow for guests walking.

However, I could see that it may have been a case where she was using the lockers and startled by seeing a scare actor in costume resetting or hiding by the lockers resulting in injury.
 
Zimmy

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I wasn't there so I am going to say the same thing I always say. I will refrain from judgement until I hear all the facts, and not what can be produced by one reporter in article.
 
rswashdc

rswashdc

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This news story has so little information it's hard to do much analysis. If there's a complaint filed in court, that would be much more detailed and useful.

However, If scare actors are trying to scare guest by lockers or other places where a guest would be intently focused on another activity and can get injured (e.g. bang their head, lose balance and fall, etc.), that's probably a bad policy. Despite the theme of the event, the park is still responsible for guest safety, and whatever policies are in place will get questioned up and down in a court case.
 
Jonesta6

Jonesta6

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rswashdc said:
This news story has so little information it's hard to do much analysis. If there's a complaint filed in court, that would be much more detailed and useful.

However, If scare actors are trying to scare guest by lockers or other places where a guest would be intently focused on another activity and can get injured (e.g. bang their head, lose balance and fall, etc.), that's probably a bad policy. Despite the theme of the event, the park is still responsible for guest safety, and whatever policies are in place will get questioned up and down in a court case.
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Wholly agree that it's the park's responsibility for guest safety.

However, if the guest had an extreme reaction to seeing a scare actor in costume in a scare zone that was clearly marked, especially when said actor was not actively attempting to scare the guest, I'm curious what a judge would rule since I'd think the employee acted within reason for v the initial interaction.

Obviously, more details are needed to figure out what actually happened, where, and by whom to figure out if the park had any role in it.

This could be akin to the McDonald's hot coffee lawsuit - on the surface it seems frivolous but in reality it only came about because the defendant (McDonald's) wouldn't assist with some medical costs when an elderly lady got burned by coffee that was being served many degrees hotter than anyone should reasonably expect. The plaintiff in that case allegedly didn't want to go for big numbers, more like $20-30k to pay doctors, but the defense kind of pushed her side to where it was warranted. However, it did force McDonald's to change their policies and procedures after the verdict.

I hope we don't see something like that where the park kind of brings it upon themselves and/or has to reduce HOS activities.
 
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