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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


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?

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