Wet n Wild sued for traumatic Aqualoop ride

[westical]

http://mobile.news.com.au/national/woman-stuck-on-waterslide-sues-for-400k/story-e6frfkvr-1226395088272

A CHILDCARE worker is suing Wet 'n' Wild for $400,000 in damages after she became stuck in a waterslide. Cherie Schramm, 30, lined up to ride the newly opened Aqua Loop waterslide on January 2 last year but became stuck halfway. The Pimpama woman did not gather enough speed to complete the full loop and slid back and forth inside the slide before coming to rest at the bottom of the loop. In a damages claim filed in the Southport District Court on May 22, Ms Schramm said she became "frightened" and feared another rider would ram into her. She said she had not been properly warned about the potential to become stuck or what to do in such a situation. She said in a panic she reached up and found an escape hatch and hauled herself up and out using her left arm.

$400k? Really? I should have sued for getting my back scratched.

[Park Addict 93]

Ms Schramm is claiming $400,000 in damages, including $250,000 for economic loss over 35 years, $21,200 in general damages and $84,654.90 for future paid care.

I wonder if I can get 1.2 mil considering I got stuck 3 times

[kujotess]

That's why I hate water slides.

[qldtaw]

This woman is clearly cashing in on this whole thing. I mean come on the tube has a communication system so they can speak to you in the tube when you get stuck.

[MacPark]

God I hate people that do stuff like this. Common sence would tell me there is a chance I might not make it. The fact they have an escape shows they are well prepared. She is just a moron and I hope she loses her case.

[Reanimated35]

Ffs we are going to end up more like america with these bullshit cases. Im pretty sure one time i was at a park someone farted in the queue. I dont feel as though i aws adequatley warned about this nor was there a ventilation system in place, brb suing the park

[MacPark]

Next will be "The roller coaster scared me and now I have bad dreams" If the judge rules in her favour its only going to open a can of worm for anybody to sue. Can anyone confirm in the aqualoop has been closed or not?

[Reanimated35]

Why would it close? This happens daily, this bitch just wanted some money. Probably related the the hungry jacks dick in a box bogan

[xRazzBerryx]

So she slid down? Didn't make it the whole way? Then couldn't find the hole? That's what she said.

[Slick]

I wish I could sue every time I didn't go all the way. And then there's this thing about waterslides.

[Gazza]

There has been signage from opening day that people may not make the loop.

[Hendo]

You only have to stand there for 5 minutes and watch the slide to know that not everyone makes it over the top. What a joke. Soon we will have to sign a contract before they close the door on the Aqua Loop giving Wet n Wild indemnity if you don't make it over the loop. I wonder if I can sue because I have never won a race on the Aqua Racer??? And I think the Black Hole is too dark. Hmmm, there are so many cases I could sue for. I could become a millionaire!!!

[xRazzBerryx]

I wonder if I can sue because I have never won a race on the Aqua Racer???

Na, I think that just means you suck haha

[bladex]

they'll end up changing the loop eventually to make it so these fat pricks get get through you watch

[MaxxTheMonster]

Sorry but at what point has it been established she is overweight?

[Bmull19]

Also, all theme parks have the whole 'no sueing us for any injuries/death/loss of property, even if resulting from the negligence of staff'. If there's a problem, I think the person should have to sue the manufacturer? Or no one at all? I'm no lawyer, I have no idea. And recently the new back boards make it so that most people do, in fact, make it right around. I made it right around with some speed still at the top of the loop.

Edited June 14, 2012 by Bmull19

[jjuttp]

Sorry but at what point has it been established she is overweight?

</p> We assumed that she was american, due to the nature of why she's suing....

[zane]

</p> We assumed that she was american, due to the nature of why she's suing....

The article clearly states the woman is from Pimpama.

[kujotess]

they'll end up changing the loop eventually to make it so these fat pricks get get through you watch

I'm pretty sure that being 'fat' means you go faster down the water slide.

[jjuttp]

If anybody else saw "The worlds biggest waterslide" in the related videos of the above video, click it.

[pin142]

I don't know what is more concerning, the fact she is suing or the fact that other people trust her to look after their kids. I know I wouldn't want my kids around an idiot like this.

[BemaniAK]

Also, all theme parks have the whole 'no sueing us for any injuries/death/loss of property, even if resulting from the negligence of staff'.

Warning signs that say "don't sue us" do not in any way excuse staff negligence, any negligence on the part of any member of staff makes injury sue-able, they are there because if someone sees that and they are really really dumb (and believe me, they are) they will just flat out decide to not sue. The staff make sure every rider makes it over the loop, and if they don't, they halt the ride and nobody gets injured, this charge is ridiculous.

[DaptoFunlandGuy]

Yes, but her claim isn't that she COULD have been injured, it's that she was AFRAID of being injured - because she was unaware that the slide has a built in safety system. It's not a matter of the staff halting the attraction - the dispatch system physically won't allow another rider to be launched whilst there is still a rider in the tube - it has a 'block' system built into it - this is what all the conduits are running all over the place. Her claim goes further that BECAUSE she didn't know there was a built in safety mechanism, she was fearful someone would come down on top of her, and due to that, she hauled herself out by her arm, causing injury, rather than calmly pushing the door open and standing up. The whole basis for her claim is that WnW should have appropriate and adequate signage, or staff instruction informing riders that they may not make it around the loop, and what will happen in the event that they do not complete the loop. Don't misunderstand me - I don't support the claim, and Bemaniak is right in saying that the whole 'no suing us, even if we're negligent' statements in the terms and conditions of entry aren't legally enforceable. A contract (which the conditions of entry are) cannot exclude your rights that are applicable under the law - and the law says you have the right to sue for damages in the event that someone's negligence has caused you a loss. I wouldn't say that it's there because of 'really really dumb' people, but by making those statements, they are providing a 'blanket' statement that they aren't liable for any loss, injury or damage, however caused (unless specifically required by law). While it may not include the bracketed statement, you will find somewhere in the fine print that none of the conditions can preclude anything that you are legally entitled to. By providing the blanket, they're effectively ruling out any other possibilities, except those that you're legally entitled to. Having said that, i've seen a few details about the case, and it isn't as open and shut as it would seem. There is a possibility that she will win. The burden of proof for what she is claiming is mainly in how she 'felt'. If she truly 'felt' the way she claims to (which is open to interpretation by a bunch of psychologists psychiatrists), she may succeed.

[Gazza]

The whole basis for her claim is that WnW should have appropriate and adequate signage

Check out this post I made from opening day. Whilst all the plebs were up the road riding TOT2 on opening I was riding Aqualoop many, many times. Specifically, the presence of signage stuck out to me enough back then that I noted it in my review:

Warning signs tell you of the possibility of not making it, and assures you that the water will stop and nobody will come from behind you. In this case you just wait till you stop, then jump out of the slide.

[rappa]

When I was at bush gardens shikra broke down and we were stopped at the first station block (ie at the back). As part of the restart procedure cars had to be dispatched and as part of that a car was 'dropped' from the top of the ride. Watchin it one could easily assume that car would continue and come slamming into the back of us. I didnt KNOW there was another block brake out of sight and there were no signs. But I didn't sue Bush Gardens for not telling me this system was in place before the ride. Just sayin