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Homework answers / question archive / Bob is General Manager of Funcoland, a local Texas theme park
Bob is General Manager of Funcoland, a local Texas theme park. Jason, a local teenager, and his friends go to the park for the day. They decide to bring booze into the park. It's stuffed in their jacket pockets. The gate attendant sees them, sees their jackets bulging, but the alcohol is not open and obvious. The teenagers get in the park, but later on Jason begins puking from the alcohol.
Question 1: Is the theme park liable for any alcohol related incidents for not searching them?
Mark, Tony, and James (Jason's friends), decide to ride the Runaway mine train ride. The mine train ride is so intense that there are signs at the entrance to the ride. It states "Warning: this attraction is intense and may be too intense for some. This attraction is known to cause injury and even death".
Mark gets on the ride, but decides that the seatbelt is too tight, so he takes it off. As the ride goes, he falls out and breaks his leg. He sues Funcoland.
Question 2: Is the theme park liable for his injury? Is it responsible for his safety if he takes the seatbelt off on his own volition?
Tony loved a thrill, but James did not. Tony asked the ride attendant to make it "extra fast around the curves". The attendant did that, but the ride was not maintained well enough to withstand the extra speed. It went slightly off track and ran into a sign with a jagged edge, which severely cut James' arm.
Question 3: Is Funcoland liable for James' injury? Is Tony liable for his injury? Is anyone?
Around lunchtime, in the middle of a restaurant in the park, a guest pulled out a gun and started shooting it in the air. People ran and screamed. Wendy, a waitress at the restaurant, saw the gun and dashed for the exit, pushing Barry, a guest into a wall headfirst.
Question 4: Is Funcoland and/or Wendy liable for Barry's injury?
Steven, manager of the gift shop, heard the gun shots and immediately locked the door to the shop. He then hid under the desk. William, a guest, attempted to run into the shop for safety, but it was locked. He began pleading to "open the door". While banging on the door, the gunman shot and killed William.
Question 5: Is Funcoland and/or Steven liable for William's death?
Luckily, the police and security locate the gunman and arrest him. It turns out however that law enforcement had told Funcoland that a terrorist gunman would likely attack the park on that particular day. Funcoland didn't believe it though.
Question 6: Is Funcoland liable for the terrorist attack?
Unfortunately, one of the gunman's bullets had struck some ride equipment, which then blew up. One of the buildings caught fire and the fire department was called. The park immediately shut down that ride, but didn't want to lose any more money than necessary, so the employees told the guests to just "walk around the fire" and continue enjoying your day. At the end of the day, no injuries were reported from the fire.
Question 7: Was Funcoland's course of action on the fire proper? What would you advise them to do?
1.Yes, the theme park is liable for not searching them even after the gate attendant noticed the bulging jackets. This is because the theme parks should not allow alcohol from outside, and hence there should be proper checks at the entrance.
2.No theme park is not liable for Mark's injury. This is because there is a warning which should act as a caution to those who opt to ride on the train, and Mark failed to be cautious when he removed his seatbelt.
No, it is not responsible for his safety when he decides to take off his seatbelt on his own volition as the seatbelt acts as one of the safety measures put in place to prevent falling.
3.Yes, Funcoland is liable for James' injury as the attendant could have alerted them that the thrill could not withstand the extra speed. Failure to do proper maintenance was the cause for the thrill not to function as intended; hence Funcoland is liable.
No, Tony is not liable as he was not aware the thrill could not withstand the extra speed.
4.Funcoland is liable for Barry's injury as it was caused due to the failure of the park to prohibit guests from carrying weapons in their establishment. The law allows restaurants to prohibit persons from carrying weapons on their premises by posting signs outside.
Wendy is not liable because the push was unintentional and only happened because Barry was on the exit way as she tried to save herself from the shooting.
5.Funcoland is liable for William's death as it failed to protect its guests by prohibiting the person with the gun from entering their establishment as stipulated by the law.
Steven is not liable as he could not tell who was knocking on the door. He did not open to protect himself.
6.Yes Funcoland is liable for the terrorist attack as they failed to act in due diligence even after being warned by the police.
The park failed to take the necessary measures to ensure the safety of its guests.
7.No, the course of action on the fire was improper.
Funcoland could have first ensured that all the guests are safe and transfer them to another restaurant as they work on measures to prevent such incidents from occurring in the future. The park should also have a fire extinguisher around the area and have their staff trained on fire precautions. The park should also conduct a roll call to account for all employees.
