Monday, March 31, 2014

FlowRider: Unsafe At Any Speed?



In this interesting sj order from Judge Seitz, a Miami attorney fractured her leg on a cruise ship "amenity" known as a "FlowRider," which doesn't seem all that safe:
In her deposition, Magazine described the FlowRider Waiver as inadequate partially because “they don't tell you how many people have been injured on this thing.” (Magazine Dep. 90:2 – 13; see also Response at 8 ¶ 29.) Magazine now emphasizes that “at least one person died using the FlowRider and some 147 more were severely injured using it in the short time between the maiden voyages of the Allure of the Seas and Oasis of the Seas and Plaintiff’s accident” whereas “[n]o guest has ever died using any other onboard activities.” (Response at 27 – 28.)

This argument fails because it does not point to the existence of a non-open and-obvious risk that could have proximately caused Magazine’s injury. It demonstrates that the FlowRider posed a risk of serious bodily injury or death and that RCL knew of this risk.7 However, RCL is not contesting these points; in fact, RCL’s primary argument is that RCL adequately warned Magazine of the risk of serious bodily injury or death.
So their primary defense is that the device is blatantly dangerous and anyone should know this?

(I'm going back into my hermetically-sealed room.) 

9 comments:

  1. B. I. N. G. O.
    i am in a very good mood.
    Flowrider indeed. More like "death machine".

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  2. it was a leg fracture, not spine.

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  3. Wow, simulated waves on a ship! If only there was some water nearby where actual waves could be experienced.

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  4. Judge Seitz is so......

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  5. Nothing on last weeks round 2 crushing of the Third DCA?

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  6. SFL posted it Friday.

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  7. seitz is doing ms. magazine a solid in allowing her to get to a jury based upon an argument her lawyer brought up for the first time at oral argument. people who normally try that would get asked what law school you went to then get yelled at.

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  8. She will ding that too

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