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Flowrider Lawsuit


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Who would have thought, you migh t get hurt on something like that........:rolleyes:

 

http://flarecord.com/stories/511074307-man-blames-royal-caribbean-cruises-for-injuries

 

 

So, I googled Modified Flow rider and this came up https://www.lipcon.com/work-in-progress/heather-morris-v-royal-caribbean-cruises-ltd/ same firm of lawyers...

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No one blamed McDonalds for the spilling. That was clearly accidental on the plaintiffs part. But it is a reasonable expectation that if one does spill coffee the burns would not be so severe because the normal serving temperature is lower.

 

So yes, we can put some "blame" for the accidental spill on the plaintiff, but the actual damage caused was outside of normal expectations and that is because the vendor supplied a product hotter than normal. These are really two separate and mutual points. One does not negate the other. It's really fascinating that in a 25 year old case so many people miss the actual point and just kind of stick to the "stupid people sue because coffee is hot" line. Is it the dumbing down of society the people don't want to find or don't care about relevant details?

 

So back to the Flowrider in question; did injuries result from a normally operating machine, in which case plaintiff does not have much of a case, or was the machine being operated outside of normal design parameters, in which case plaintiff has a case. The machine operating as designed doesn't release a user from having to be careful, but a machine operating outside of normal design parameters has a higher potential to cause injury to a user no matter their skill or care level.

 

I am not a Flowrider operator and I don't know the inner workings of the machine, but let's say, just for discussion sake, the machine has 5 pumps and is designed to move water at 25 mph; if one pump was broken, does the manufacturer state to stop using the machine? Or is it accepted practice with the design of the machine to increase power of the 4 remaining pumps? If it is determined that 25 MPH is the optimal flow of water for "normal" use of the machine, what does increasing the flow to 30, 35, or 40 MPH do? Does the risk increase in a linear way? Does the operator have any requirement to disclose that the flow of water is above normal recommended limits? Does RCI's lawyers apply a different limit than the manufacturer would (more conservative?). These are the sort of questions that would be asked at trial to determine if something is accidental of negligent.

 

I believe there are two pumps if one failed only half of the wave would have water. I have never seen them operate with one. Although I suppose they could. It would suck to go from water to no water, guarantee fall.

 

You might be better to get an answer of how a flowrider works on google, than here. I don't know of any CC members who have a flowrider that they operate, however if any of you do and you haven't invited me to your house yet. Shame on you! Please rectify the situation immediately.

 

JC

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I believe there are two pumps if one failed only half of the wave would have water. I have never seen them operate with one. Although I suppose they could. It would suck to go from water to no water, guarantee fall.

 

You might be better to get an answer of how a flowrider works on google, than here. I don't know of any CC members who have a flowrider that they operate, however if any of you do and you haven't invited me to your house yet. Shame on you! Please rectify the situation immediately.

 

JC

 

JC I have been on the ship and it was so wavy one pump stopped when it was low on water. When the ship rolled the chamber got water and the pump started again.

 

I have never seen RC operate the flowrider with only half of it operational. I have had a private rental when I was riding and the wave stopped on three occasions due to mechanical failure. The wave stopped and I stopped riding. From what I remember I fell onto the spring loaded mat, no injuries and no lawsuits. Ship maintenance came, fixed something in the mechanical room and I got an extra 25 minutes of ride time.

 

On a side note Flowhouse Manila or Bangkok has some videos on YouTube where they are riding on a full size land wave with only half of it operational. They seem to ride well on it. It might take some practice getting used to a smaller wave even though it was full size but it should be no different than riding on a small wave.

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JC I have been on the ship and it was so wavy one pump stopped when it was low on water. When the ship rolled the chamber got water and the pump started again.

 

I have never seen RC operate the flowrider with only half of it operational. I have had a private rental when I was riding and the wave stopped on three occasions due to mechanical failure. The wave stopped and I stopped riding. From what I remember I fell onto the spring loaded mat, no injuries and no lawsuits. Ship maintenance came, fixed something in the mechanical room and I got an extra 25 minutes of ride time.

 

On a side note Flowhouse Manila or Bangkok has some videos on YouTube where they are riding on a full size land wave with only half of it operational. They seem to ride well on it. It might take some practice getting used to a smaller wave even though it was full size but it should be no different than riding on a small wave.

 

Thanks for chiming in; I know you're the local Flowrider enthusiast.

 

Is it possible that if the Flowrider pumps are both operating as designed, no pump pickup issues, ship sailing smooth, etc...does the operator have the ability to increase the power of the jets over a set amount, or do they just push a stop/go button and the speed regulated internal beyond operator control?

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No one blamed McDonalds for the spilling. That was clearly accidental on the plaintiffs part. But it is a reasonable expectation that if one does spill coffee the burns would not be so severe because the normal serving temperature is lower.

So using the McDonald's jury reasoning...the people referenced below didn't do anything wrong...good luck trying to get most people to believe that theory...#5 somewhat aligns to both the original flowrider post and the coffee argument. Yes...this is meant to inject some humor as well as reality into the flowrider case.

 

True stories about self-inflicted injuries (for people who ended up holding themselves accountable):

 

1. I once dropped my fork. When I bent down to pick it up I cut my arm on the steak knife in my other hand. I cut myself so badly that I had a lovely nurse asking why I'd tried to kill myself, and she was determined to not take "I didn't" for an answer.

2. I burned myself making cereal.

Try to figure that one out.

3. Went to the doctor with a sprained ankle, tripped and fell in the exam room and sprained my wrist. The poor doctor just crossed his arms and looked down.

4. I drove a staple into my finger by opening a stapler up and squeezing it when I was about 8, so it went into the inside of my right middle finger (into the fleshy bit, easy enough to pull it back out, just hurt a lot)

Doesn't sound that stupid? I did it again. Yesterday. I'm 26, and I'm in charge of people.

5. 60% of my right hand is covered in scar tissue.

It has healed pretty well over the years - to the point where you probably wouldn't notice unless I pointed it out - but back when I first suffered my injury, the doctor told me that I might lose some mobility in my hand. If I'd managed to hurt myself while saving orphans from a burning ice cream shop or something equally heroic, I might be able to wave at people with pride. As it stands, though, my scars are the result of an undeniably stupid attempt at ridiculous science.

See, I'd heard this rumor that Splenda (the artificial sweetener) would burn with a purple flame when ignited. Being the brash twenty-something that I was, I decided that I was an adult, and therefore free to conduct ill-advised chemistry experiments in the confines of my tiny apartment. Unfortunately, I soon discovered that Splenda on its own did not seem to be particularly combustible... so I mixed it with a generous amount of rubbing alcohol, dumped the resulting mess onto a ceramic plate, and set the whole thing ablaze.

All of this, incidentally, took place atop a wooden desk in a carpeted room.

As could probably be expected, things got out of control pretty fast. I soon realized that I couldn't extinguish the flames via conventional means (like blowing on it really hard). Furthermore, I didn't have anything with which I could smother the conflagration... so my only option was to carefully pick up the plate and carry it to the kitchen sink. Despite my slow, measured steps, I still managed to stumble, splashing the back of my hand with liquid fire in the process. It hurt like hell, but I knew that if I flailed around at all, I'd likely set the entire apartment alight.

After what felt like an eternity (but was probably only about ten seconds), I finally made it to the sink. I dumped the plate, howled in pain, and asked my girlfriend to drive me to the hospital.

Worst of all, I didn't even notice if the flames were purple or not.

6. Stubbed toe on couch. Became so enraged, kicked couch several times, thus breaking the toe in question, which was only previously bruised.

7. I got three stitches when I caught my finger in the binding of an accident prevention plan.

8. Slipped on a wet leaf, broke my arm.

9. I stood on a glass I had left on the floor to catch a spider. 7 stitches. The spider escaped.

Finally....this likely depicts the scene in the lawyer's office for the flowrider plaintiff:

 

c9c7baab

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I believe there are two pumps if one failed only half of the wave would have water. I have never seen them operate with one. Although I suppose they could. It would suck to go from water to no water, guarantee fall.

For at least two weeks Explorer earlier this year operated the Flowrider on one pump with only the port side working. They only allowed boogie boarding, no stand up.

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I know this is ancient...

 

 

 

 

1992. Coffee was in styrofoam. You couldn't tell the heat of it with your fingers. The coffee meant to be drunk caused 3rd degree burns. She had to have skin grafts. She was an elderly woman having skin grafts on her groin area because mcd kept their coffee ridiculously hot.

 

The lawsuit made it through all the checks and balances in the court system..

 

 

Starbucks has sleeves partially because of this! And because styrofoam isn't used anymore.

 

I won't use the sleeves. If the paper cup of coffee is too hot for me to hold, it's too hot for me to drink yet. I won't be denied one if my "is this dangerous?" senses.

 

 

 

 

 

 

Mcd kept it 180-190 back then. That's a lot hotter than yours.

 

Thank you for pointing this all out. The problem here is that many think that all risks are obvious, when they are in fact all not. It has always been my contention that if the coffee could cause 3rd degree burns to someone's thigh or groin, it can also cause 3rd degree burns to someone's mouth and digestive track where the coffee is intended to be. I wonder how many skeptics would have seen this differently if the woman had in fact sustained 3rd degree burns to her throat or if the victim was a child who sustained 3rd degree burns as the clerk was handing the coffee over to the patron. The fact that she sustained 3rd degree burns to her groin area instead of her throat does not mean that she didn't suffer less. Safety should always be a concern and priority. This is why instead of touting itself to have the hottest coffee, it should have been touting as having the best coffee- you know, the kind of coffee that tastes good and doesn't cause you to get 3rd degree burns.

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Again another bull---- post! The being operated outside of normal parameters argument is pure hogwash and speculation. The flowrider has the same water pressure each and every day that you happen to be using it. It is another frivolous lawsuit by another ignorant moron.:rolleyes:

 

 

Then it is certainly speculation on your part to assume that the machine was being operated the same way each day and on the day in question. Consider that other factors could have been present (such as weather conditions) that could have warranted that the machine be operated in a different way (if not shut down altogether during such weather).

 

I am still trying to figure out why so many have an issue with fact finding and the search for the truth.

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No one blamed McDonalds for the spilling. That was clearly accidental on the plaintiffs part. But it is a reasonable expectation that if one does spill coffee the burns would not be so severe because the normal serving temperature is lower.

 

So yes, we can put some "blame" for the accidental spill on the plaintiff, but the actual damage caused was outside of normal expectations and that is because the vendor supplied a product hotter than normal. These are really two separate and mutual points. One does not negate the other. It's really fascinating that in a 25 year old case so many people miss the actual point and just kind of stick to the "stupid people sue because coffee is hot" line. Is it the dumbing down of society the people don't want to find or don't care about relevant details?

 

So back to the Flowrider in question; did injuries result from a normally operating machine, in which case plaintiff does not have much of a case, or was the machine being operated outside of normal design parameters, in which case plaintiff has a case. The machine operating as designed doesn't release a user from having to be careful, but a machine operating outside of normal design parameters has a higher potential to cause injury to a user no matter their skill or care level.

 

I am not a Flowrider operator and I don't know the inner workings of the machine, but let's say, just for discussion sake, the machine has 5 pumps and is designed to move water at 25 mph; if one pump was broken, does the manufacturer state to stop using the machine? Or is it accepted practice with the design of the machine to increase power of the 4 remaining pumps? If it is determined that 25 MPH is the optimal flow of water for "normal" use of the machine, what does increasing the flow to 30, 35, or 40 MPH do? Does the risk increase in a linear way? Does the operator have any requirement to disclose that the flow of water is above normal recommended limits? Does RCI's lawyers apply a different limit than the manufacturer would (more conservative?). These are the sort of questions that would be asked at trial to determine if something is accidental of negligent.

 

Thank you for your insight.

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Thanks for chiming in; I know you're the local Flowrider enthusiast.

 

Is it possible that if the Flowrider pumps are both operating as designed, no pump pickup issues, ship sailing smooth, etc...does the operator have the ability to increase the power of the jets over a set amount, or do they just push a stop/go button and the speed regulated internal beyond operator control?

 

Without first hand knowledge, other than listening to the flow crew, I feel very confident to say that they have no control over the wave speed simply for liability and safety issues. When I had my rental and the blue suits had to do the repairs I think it was an electrical/breaker issue. Once they tinkered for 10 minutes the wave ran normally and there were no changes in its speed or conditions.

 

 

My suspicion/belief is that wave speed and greater service needs are either done by Waceloc technicians or more likely RC maintenance crew trained by Waveloc. They will see that the wave runs within safety specs set out by Waveloc.

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Then it is certainly speculation on your part to assume that the machine was being operated the same way each day and on the day in question. Consider that other factors could have been present (such as weather conditions) that could have warranted that the machine be operated in a different way (if not shut down altogether during such weather).

 

I am still trying to figure out why so many have an issue with fact finding and the search for the truth.

 

Almost everything about this thread is speculation, and speculating about speculation is not likely to reveal much truth.

 

Fact is, that I spend days and hours each cruise on the wave and I have never noticed a change in the force of the water. That leads me to believe that the truth is that it doesn't.

 

I think the onus is on those speculating it does. I, also, think that people who don't actually ride the wave have very little to go on and that would include the crappy lawyers trying to milk money out of someone.

 

The truth is out there, but rarely will ambulance chasing lawyers find it.

 

JC

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Almost everything about this thread is speculation, and speculating about speculation is not likely to reveal much truth.

 

Fact is, that I spend days and hours each cruise on the wave and I have never noticed a change in the force of the water. That leads me to believe that the truth is that it doesn't.

 

I think the onus is on those speculating it does. I, also, think that people who don't actually ride the wave have very little to go on and that would include the crappy lawyers trying to milk money out of someone.

 

The truth is out there, but rarely will ambulance chasing lawyers find it.

 

JC

 

Careful JC. You might get subpoenaed. ;p

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I have never seen RC operate the flowrider with only half of it operational.

There are multiple posts of cruises where a single pump has been out of operation and the staff continued to operate the flowrider with only a single pump running (although no stand-up surfing was permitted, only boogie boarding).

 

 

On a side note Flowhouse Manila or Bangkok has some videos on YouTube where they are riding on a full size land wave with only half of it operational. They seem to ride well on it. It might take some practice getting used to a smaller wave even though it was full size but it should be no different than riding on a small wave.

I was riding at Massanutten in Virginia a week ago and one of their three pumps has been not working for several weeks now. They still operate the flowrider using just 2/3rds of the wave surface. Their mat is actually stretched really poorly and too tight, so the middle of their wave has basically no water on it and it is impossible to turn on it (you can only turn on the two outside thirds (one of which is not working). Basically for those who want to do stand-up at Massanutten right now, you have to ride just a single third of the wave. They continue to operate it this way and likely will continue to do so til the busy summer season is over since they do not want to shut it down for several days (or longer) to fix/replace the broken pump.

 

 

does the operator have the ability to increase the power of the jets over a set amount, or do they just push a stop/go button and the speed regulated internal beyond operator control?

The operators are not able to adjust the flow of the wave. Pretty simple ON/OFF for the pumps for operators to control. That said, every wave is different. People who ride different waves can tell you this. Some are much smoother, some are quicker, some have a thinner sheet of water on them, some are steeper, etc. I like the faster, steeper, thicker sheets of water personally, but to each their own.

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I also thought I would mention I have been riding twice when the wave shut down. Once I was in the middle of a carve leaning in to it and the wave just shut off. Needless to say, I ended up on my backside, but the mat is so soft, it does not hurt you at all. The other time I was riding in Windsor when the power to the entire complex went out. Both pumps stopped and all the lights went out. Things like that happen from time to time, no fault of the operation.

 

One fun thing to do if the operators let you (not on an RCCL ship of course), is stand on the wave surface before the jets start and have them start up the pump. Pretty easy to do. When you hear the 2nd pump about to go, Ollie from the side with the running water to the empty side and try to time it so that you land just as the water arrives under your board. Lots of fun if you time it right;). Thanks Mike for letting me try that (not on an RCCL ship).

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Well also the RCCL staff is not being trained well and they are not always making sure people are riding safe.

I see it again and again where the RCCL staff is doing stupid things - endangering the safety of the rider!

Really??? Give me a break

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Nothing ever works on explorer, Azipods,ice cream machine, fix-pod and now the flow-rider. Lol

 

 

 

RCI fixed it fairly quickly given that the Alaska runs are not exactly where people go to ride the Flowrider.

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1. I believe the modification was the length of the ride, not the pumps. This lawsuit is saying since the distance to the back is shorter, you are more likely to get hurt when you fall. From the court filing:

 

"The FlowRider on board the Oasis of the Seas is different from a standard FlowRider, because employees and/or agents of RCCL modified it by shortening its overall length in order to fit the attraction on the deck of the cruise ship. Id., 10."

2. The woman in the McDonalds lawsuit only asked to be reimbursed for the cost of her medical bills. The jury decided on the "Millions" number. The woman offered to settle with McDonalds for the $20,000 to recoup her medical expense, they offered her $800. McDonalds chose to go to court rather than pay her medical bills. McDonalds admitted that they were aware of the risk of serious burns from their coffee, as 700 people had filed claims for the same thing. So the proper analogy would be you are the 701st person to be rendered impotent by a faulty wire in your bike seat puncturing you. After spending time in the hospital for the required surgeries, you get nothing because, oh well you know riding is dangerous.

 

3. Since so many of you say read the waiver, do any of you want to take a shot at explaining this, especially the section in red:

· As such, PARTICIPANT/RELEASOR/GUARDIAN IS AWARE THAT WAVE LOCH FLOWRIDERRIDE/ ACTIVITY MAY BE CONSIDERED A HAZARDOUS ACTIVITY, WITHINHERENT DANGERS THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION OR EXPERTISE CANELIMINATE, WHICH RIDER / RELEASOR/GUARDIAN HAS ELECTED TOVOLUNTARILY PARTICIPATE, WITH FULL KNOWLEDGE, ACCEPTANCE AND ASSUMPTION OF ANYAND ALL RISKS OF SERIOUS PERSONAL BODILY INJURY OR DEATH, WHETHER FORSEEABLE ORNOT, SUSTAINED, RELATED TO, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, Rider/ RELEASOR/GUARDIAN's USE, MISUSE, OPERATION, PARTICIPATION, OR RIDE on theWave Loch FlowRider ride/attraction, including any/all accidents/incidents inpool areas, deck areas or other tiled, non-tiled, wooden deck or other wetareas.

 

 

Let me give you some help, they slipped in (pun intended) a little extra language in case you slip anywhere on board. I'm sure it was an accident (pun intended)

 

 

4. Do you realize that the waiver says they are not responsible, even if you are hurt by their negligence?

 

 

Have at it gang.

 

 

The excerpt from the court filing can be found here:

https://www.lipcon.com/work-in-progress/heather-morris-v-royal-caribbean-cruises-ltd/

 

 

It is not the case that started this post, but it is the original challenge as to modification of the FlowRider.

 

 

The McDonalds lady info can be found here:

https://www.caoc.org/?pg=facts

 

 

The waiver text is from the one for my upcoming cruise. You can find it on the Royal website, but as near as I can tell you have to enter your actual cruise info.

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I have seen people finish their ride on the flowrider then get in line and do it again and again. So I wonder how many times he went on the ride, before he got hurt.

I am a 56 year old women and I would love to ride it, but I also know my limititations and to be honest I am a chicken. My 28 year old daughter rode it and had a blast, but she has also jumped off 500+ foot bridges and out of airplanes.

 

Sent from my SM-G920P using Forums mobile app

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1. I believe the modification was the length of the ride, not the pumps. This lawsuit is saying since the distance to the back is shorter, you are more likely to get hurt when you fall. From the court filing:

 

"The FlowRider on board the Oasis of the Seas is different from a standard FlowRider, because employees and/or agents of RCCL modified it by shortening its overall length in order to fit the attraction on the deck of the cruise ship. Id., 10."

2. The woman in the McDonalds lawsuit only asked to be reimbursed for the cost of her medical bills. The jury decided on the "Millions" number. The woman offered to settle with McDonalds for the $20,000 to recoup her medical expense, they offered her $800. McDonalds chose to go to court rather than pay her medical bills. McDonalds admitted that they were aware of the risk of serious burns from their coffee, as 700 people had filed claims for the same thing. So the proper analogy would be you are the 701st person to be rendered impotent by a faulty wire in your bike seat puncturing you. After spending time in the hospital for the required surgeries, you get nothing because, oh well you know riding is dangerous.

 

3. Since so many of you say read the waiver, do any of you want to take a shot at explaining this, especially the section in red:

·As such, PARTICIPANT/RELEASOR/GUARDIAN IS AWARE THAT WAVE LOCH FLOWRIDERRIDE/ ACTIVITY MAY BE CONSIDERED A HAZARDOUS ACTIVITY, WITHINHERENT DANGERS THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION OR EXPERTISE CANELIMINATE, WHICH RIDER / RELEASOR/GUARDIAN HAS ELECTED TOVOLUNTARILY PARTICIPATE, WITH FULL KNOWLEDGE, ACCEPTANCE AND ASSUMPTION OF ANYAND ALL RISKS OF SERIOUS PERSONAL BODILY INJURY OR DEATH, WHETHER FORSEEABLE ORNOT, SUSTAINED, RELATED TO, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, Rider/ RELEASOR/GUARDIAN's USE, MISUSE, OPERATION, PARTICIPATION, OR RIDE on theWave Loch FlowRider ride/attraction, including any/all accidents/incidents inpool areas, deck areas or other tiled, non-tiled, wooden deck or other wetareas.

 

 

Let me give you some help, they slipped in (pun intended) a little extra language in case you slip anywhere on board. I'm sure it was an accident (pun intended)

 

 

4. Do you realize that the waiver says they are not responsible, even if you are hurt by their negligence?

 

 

Have at it gang.

 

 

The excerpt from the court filing can be found here:

https://www.lipcon.com/work-in-progress/heather-morris-v-royal-caribbean-cruises-ltd/

 

 

It is not the case that started this post, but it is the original challenge as to modification of the FlowRider.

 

 

The McDonalds lady info can be found here:

https://www.caoc.org/?pg=facts

 

 

The waiver text is from the one for my upcoming cruise. You can find it on the Royal website, but as near as I can tell you have to enter your actual cruise info.

 

Yeah, all that has already been discussed.

 

1.... as if something like a flowrider has a perfect size or shape? Before the first flowrider, there was only no flowrider. After it was built there was the perfect flowrider? Evolution is not just for fish or monkeys.

 

2.... Other than being pop culture what the heck does anyone really care about the hot coffee case?

 

3.... have you ever seen a waiver where the people asking you to sign it... state. This is dangerous, when you get hurt we will pay you boat loads of money even if we did nothing wrong?

 

4.... Well if you can prove negligence then my guess is that most courts will ignore that portion of the waiver and pay you boat loads of money.

 

Thanks for playing... now how about you have it?

 

JC

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Yeah, all that has already been discussed.

 

1.... as if something like a flowrider has a perfect size or shape? Before the first flowrider, there was only no flowrider. After it was built there was the perfect flowrider? Evolution is not just for fish or monkeys.

 

2.... Other than being pop culture what the heck does anyone really care about the hot coffee case?

 

3.... have you ever seen a waiver where the people asking you to sign it... state. This is dangerous, when you get hurt we will pay you boat loads of money even if we did nothing wrong?

 

4.... Well if you can prove negligence then my guess is that most courts will ignore that portion of the waiver and pay you boat loads of money.

 

Thanks for playing... now how about you have it?

 

JC

 

1. You do realize that Royal has minimum height requirements to ride the FR, don't you? If having the "perfect" size and shape is irrelevant, then where did they get this minimum height requirement from? It's called physics. Yes, evolution in which lessons in safety are learned can be a good thing. For example, having the enough lifeboats onboard to accommodate everyone onboard is a very valuable lesson in safety that we learned from the Titanic.

 

2. To show that what something appears to be is not always what it is.

 

3. No.

 

4. It's already been determined that liability for negligence cannot be waived.

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