Thanks for the people who showed up to have an intelligent problem about insurance on an INSURANCE WEBSITE.
It’s not like I wished ill will on this girl and her family. But do you really think when it gets down to the nitty gritty and her family seeks compensation (and I do think they should) that these questions won’t get asked?
Feeling sorry for her isn’t going to help her any. having a 13 year old of your own isn’t going to help her any. knowing the regulations and what damages she should receive is!
I feel sorry for those of you that have 13 year olds and simply lay around feeling sorry for people. what good does that do other than stroke your own egos?
I think a great deal of the liability assignment is going to depend greatly on what the State inspectors find. Was the ride inherently dangerous or did the park not maintain it adequately?
The family is likely (and fully entitled) to file suit against both the park and the manufacturer. I think that they’re more likely to recover from the manufacturer than from the park – Products liability is more difficult to defend than Operations liability.
Settlement will probably be in the $1-5 MM range, unless the court sees fit to award punitives. I am just pulling that number out of thin air.
I know it’s not entirely applicable, but anyone know if “loss of both feet” is a scheduled injury under KY Work Comp Law? If so, that’s probably a good starting point for determining the settlement amount.
I live in the same city where the accident occurred. Although I do not have first hand knowledge of her current condition, I heard comments around the office that her feet were reattached following the accident. There is a world reknown team of hand specialists here (presumably feet as well) that I understand performed the surgery. As to her chances for full recovery, I do not know. This is heresay at this point, but I have no reason not to believe it considering the surgery team here. Let’s hope she can lead a close to normal life, eventually. Here’s praying for her.
Thanks to Rainmaker for getting the thread back on track.
I wonder if this becomes an E&O for the ride designer, too, since many times there are supervisory engineers involved in the design-only aspect.
Anyone know how old the ride was, or who the GC and Design team was? Must have been recently installed. Would Six Flags have had an OCIP which would be responsible for everything, instead of laying blame at one of the participating subcontractors? Or did the GC have a CCIP?
I don’t think the girl will actually get much in compensation. She doesn’t have a leg to stand on…..ba dump bump.
Yeah, I know, sick and twisted. Morbid claims humor is rabid in the industry. It is the only way you can work with tragedy like this on a daily basis and not go crazy. If you dwell on every claimant that has a life altering injury or death you will not last long in this industry. It is much easier to depersonalize the claimants.
Nebraskan – your post was totally on point. I guess there are not too many bright people on an Insurance/Claims webpage to have an intelligent discussion and that’s too bad. For all those touchy feely people out there, get out of insurance as you certainly don’t belong here.
That being said, I’m sure the girl will get a couple million in a settlement and be on her feet in no time….
Why don’t we belong in this business?
Is having compassion for others a negative character trait?
Maybe if some of the creeps we read about in IJ that mercilessly rip of unsuspecting insureds had been a bit more touchy feely, they would not haved lied, cheated and stolen.
It is a terrible thing to hear about, and hopefully the girl makes a full recovery. As for compensation I guesstimate that they get about a 2 million from their lawsuit. A Six Flags in Texas paid out 4 million to the family of a woman who drowned when a raft capsized, so it’s within reason for the girl’s family to get 2 to 2 and a half mil out of it.
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Thanks for the people who showed up to have an intelligent problem about insurance on an INSURANCE WEBSITE.
It’s not like I wished ill will on this girl and her family. But do you really think when it gets down to the nitty gritty and her family seeks compensation (and I do think they should) that these questions won’t get asked?
Feeling sorry for her isn’t going to help her any. having a 13 year old of your own isn’t going to help her any. knowing the regulations and what damages she should receive is!
I feel sorry for those of you that have 13 year olds and simply lay around feeling sorry for people. what good does that do other than stroke your own egos?
Yes, I am sorry this happened to u. And ur are in my prayers. :D
I think a great deal of the liability assignment is going to depend greatly on what the State inspectors find. Was the ride inherently dangerous or did the park not maintain it adequately?
The family is likely (and fully entitled) to file suit against both the park and the manufacturer. I think that they’re more likely to recover from the manufacturer than from the park – Products liability is more difficult to defend than Operations liability.
Settlement will probably be in the $1-5 MM range, unless the court sees fit to award punitives. I am just pulling that number out of thin air.
I know it’s not entirely applicable, but anyone know if “loss of both feet” is a scheduled injury under KY Work Comp Law? If so, that’s probably a good starting point for determining the settlement amount.
I live in the same city where the accident occurred. Although I do not have first hand knowledge of her current condition, I heard comments around the office that her feet were reattached following the accident. There is a world reknown team of hand specialists here (presumably feet as well) that I understand performed the surgery. As to her chances for full recovery, I do not know. This is heresay at this point, but I have no reason not to believe it considering the surgery team here. Let’s hope she can lead a close to normal life, eventually. Here’s praying for her.
Thanks to Rainmaker for getting the thread back on track.
I wonder if this becomes an E&O for the ride designer, too, since many times there are supervisory engineers involved in the design-only aspect.
Anyone know how old the ride was, or who the GC and Design team was? Must have been recently installed. Would Six Flags have had an OCIP which would be responsible for everything, instead of laying blame at one of the participating subcontractors? Or did the GC have a CCIP?
It’s called compassion, lovingkindness.
What a terrible shame.
I don’t think the girl will actually get much in compensation. She doesn’t have a leg to stand on…..ba dump bump.
Yeah, I know, sick and twisted. Morbid claims humor is rabid in the industry. It is the only way you can work with tragedy like this on a daily basis and not go crazy. If you dwell on every claimant that has a life altering injury or death you will not last long in this industry. It is much easier to depersonalize the claimants.
Nebraskan – your post was totally on point. I guess there are not too many bright people on an Insurance/Claims webpage to have an intelligent discussion and that’s too bad. For all those touchy feely people out there, get out of insurance as you certainly don’t belong here.
That being said, I’m sure the girl will get a couple million in a settlement and be on her feet in no time….
Why don’t we belong in this business?
Is having compassion for others a negative character trait?
Maybe if some of the creeps we read about in IJ that mercilessly rip of unsuspecting insureds had been a bit more touchy feely, they would not haved lied, cheated and stolen.
It is a terrible thing to hear about, and hopefully the girl makes a full recovery. As for compensation I guesstimate that they get about a 2 million from their lawsuit. A Six Flags in Texas paid out 4 million to the family of a woman who drowned when a raft capsized, so it’s within reason for the girl’s family to get 2 to 2 and a half mil out of it.