Dells accident leads to arrest

Pack93z
Select Member Topic Starter

14 years ago

I wonder how this will impact the operation of thrill rides.. if an operator can be charged with a crime in an accident.. I think it will be harder, spell more expensive, to find help that will operate the rides.

As far as I have read is he wasn't under the influence of anything.. but a bad decision or timing that resulted in a tragic accident.

http://www.jsonline.com/news/wisconsin/100984689.html

A 33-year-old Lake Delton man has been charged with first-degree reckless injury in connection with a July 30 incident in which a 12-year-old Florida girl was injured in an amusement park ride.

The Sauk County District attorney's office charged Charles A. Carnell with a felony in the incident. Carnell was taken into custody, according to Lake Delton police.

The accident involving Teagan Marti, of Parkland, Fla., occurred when Carnell was operating a free-fall ride at Extreme World amusements. Authorities said Carnell released Teagan too soon from a platform, causing her to fall to the ground instead of into an elevated safety net.

Police had ruled that operator error was the cause of the accident.

Teagan landed on her back, but survived. She is expected to have some paralysis from the fall.

"The oranges are dry; the apples are mealy; and the papayas... I don't know what's going on with the papayas!"

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zombieslayer
Registered

14 years ago

Yikes. Disney has had lawsuits but they have the lawyers to protect them. No idea how this will affect the "smaller guys."

What does scare me is that the guy made a mistake and he's being charged personally instead of the company. Would be different if the guy did it intentionally, which according to this article wasn't the case.

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Pack93z
Select Member Topic Starter

14 years ago

What does scare me is that the guy made a mistake and he's being charged personally instead of the company. Would be different if the guy did it intentionally, which according to this article wasn't the case.

"zombieslayer" wrote:

Yep... that was my thought.. which is why I think this will have a huge impact in hiring people to run such rides..

I think it will be interesting to see how this case goes..

"The oranges are dry; the apples are mealy; and the papayas... I don't know what's going on with the papayas!"

Nonstopdrivel
Preferred Member

14 years ago

Well, assuming the company is incorporated, they can't charge the officers of the corporation. So it's either charge the corporation itself, which isn't likely to fare well in court, or charge the peon who caused the injury and isn't covered by the corporate veil. I still think it's a cheap move, however. Given that there is no evidence of intent, why is this a criminal and not a civil case? The only good thing for the employee is that the standard of proof is much higher in a criminal than a civil case. I'm guessing his lawyer will advise him to plead it down anyway.

Pack93z
Select Member Topic Starter

14 years ago

The only good thing for the employee is that the standard of proof is much higher in a criminal than a civil case. I'm guessing his lawyer will advise him to plead it down anyway.

"Nonstopdrivel" wrote:

Not really.. now he will have to defend himself and pay for it twice.. once in criminal and once in civil.. because listening to the father.. a civil suit is in the making.

"The oranges are dry; the apples are mealy; and the papayas... I don't know what's going on with the papayas!"

Nonstopdrivel
Preferred Member

14 years ago

Maybe his lawyer will be good enough to get the criminal trial dismissed pending the civil case.

Wade
Veteran Member

14 years ago

You expect prosecutors/legislators to know the difference between a tort and a crime? After a couple of generations spent making the first into the second.

And people call *me* naive.

And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)

Pack93z
Select Member Topic Starter

14 years ago

Have we really slipped that far down the slope? Nevermind.. don't answer that.. it would be anti PC to answer such.. and maybe according to some politician against the law somehow.. lol.

"The oranges are dry; the apples are mealy; and the papayas... I don't know what's going on with the papayas!"

Cheesey
Preferred Member

14 years ago

I know it has all kinds of "the owner is not responsible" crap. But if you operate that kind of ride, you had better be sure the guy running it knows what the heck he is doing.
Not having the net in place when you drop someone?
I'd say that's negligence at least.

Wade
Veteran Member

14 years ago

#10

Negligence though is a tort, a wrong committed against another person. So is "gross negilgence" or "recklessness"

Making it a crime says it is an offense against society, or, more precisely, the State of Wisconsin.

The law distinguishes the two. And, IMO, it should.

The prosecutor, who is charged with protecting society's interest, not the interest of individuals harmed by tortious behavior, has no business getting involved.

And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)

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