Park News
www.parkworld-online.com
Polar Land at Legoland
Denmark’s Legoland Billund is to get a brand new area for 2012 called Polar Land, anchored by a Zierer drop coaster. The new additions represent a DKK 75 million ($14m/€10m) investment, the largest ever in the history of this, the original Legoland park. Billed as the first coaster in the world to combine a five-metre- drop with live penguins, Polar X- plorer will reach a
top speed of 65 km/h. Riders will race through an icy waterfall, past Lego polar animals, into a giant mountain and crashing through the “ice” into the drop sequence. The speed will then decrease, allowing passengers to enjoy the view of the penguins. Totalling 12,500 square metres, the Polar Land concept has been developed
by Legoland Billund designer Tom Christiansen. As well as Polar X-plorer, the new land will also include a restaurant overlooking the penguins and a flight simulator built out of the park’s old Power Builder (Robocoaster). Located in the far corner of the park, the new land will replace the Event Area and be unveiled to the public in May, one month after the main park opening.
Goofy’s Paint ’n’ Play House
Think of it as Toy Story Mania with a new twist (and no moving vehicles). Goofy’s Paint ’n’ Play House will open at Tokyo Disneyland in autumn 2012, letting guests help Goofy redecorate his room with what seems like real paint!
Players must work together to paint a room, taking aim at the wall or furniture. Different settings will be featured, such as beach or jungle, providing guests with a different experience each time they visit.
National Roller Coaster Museum moves forward
The National Roller Coaster Museum and Archives (NRCMA) continues to move forward in the United States, in its efforts to preserve and protect the history of the amusement industry. After securing a 2,600-square-foot building last year in Texas, the museum recently filled its two remaining board positions with the appointment of Tom Sheehan, an attorney and life-long advocate for theme parks and amusement manufacturers and Jerry Willard. Deputy director of rail administration for the San Mateo Transit District in California, Willard is also as an executive committee member of the American Coaster Enthusiasts (ACE). The NRCMA continues to expand its collection of artefacts and is currently expanding its archiving facilities, but the museum needs support from the industry and fans if these efforts are to continue. Donations can be made online at
www.rollercoastermuseum.org, a website which is worth a look.
NOVEMBER 2011
Park Law
by Heather M Eichenbaum Esq Defence Vs Settlement
When and How to Compromise Lawsuits are inevitable in the amusement industry, and several plaintiffs’ attorneys have targeted the industry in recent months. Insurance companies retain defence counsel to represent your interests in these lawsuits, but which ones should you urge the insurer to defend and which should you attempt to settle amicably? First and foremost, you should always, in every circumstance, defend every case that is fraudulent or in which you otherwise did nothing wrong. Plaintiffs’ attorneys communicate daily about pending lawsuits, potential cases and easy or difficult targets for lawsuits (who always settles cases and who fights tooth and nail). If you defend lawsuits vigorously and make plaintiffs and their attorneys work endlessly to “earn” any money they ultimately get, the number of claims and lawsuits against your park will decline. Attorneys facing the decision of whether to take on a new client with a questionable claim will be unlikely to accept the client – knowing they are going to have to work extremely hard for years with no guaranteed payoff.
The challenge in defending every dubious case is being willing to pay more to defend the case than you would to settle it. After all, it may seem a silly business decision to pay $30,000 to defend a case that you could settle for $5,000. However, when you settle 10 cases for $5,000, word spreads that you settle and those $5,000 claims keep coming.
When you defend a handful of $5,000 cases, showing you are willing to defend yourself even when it costs more to do so, those $5,000 cases stop coming in and, in short course, you are facing only legitimate lawsuits. In the end, by vigorously defending baseless claims, you will save money in insurance premiums, and, as importantly, your time and effort spent defending your park. Conversely, any claim or lawsuit that is meritorious – where you
know your park did something, or failed to do something, that caused an accident, should be considered for settlement – as early and as cost effectively as possible. However, that settlement must take into account the injuries allegedly sustained and what they are realistically worth. Don’t be hijacked into paying for injuries that are exaggerated or unrelated to the accident at your park. Work with your attorney to investigate the plaintiff and whether the claims are legitimate.
Those cases where responsibility for the accident is questionable or the plaintiff themselves played a part in causing it, should also be considered for settlement but at a compromised amount. Furthermore, all cases should always be settled with a confidentiality provision. This helps to protect you from “the word on the street” becoming that you are an easy target for future lawsuits.
Heather Eichenbaum is a member with Spector Gadon & Rosen PC, practicing in Pennsylvania, New Jersey, Florida, and New York. In addition to defending amusement venues, she also handles and provides training in crisis management. Legal counsel to and a board member of the National Association of Amusement Ride Safety Officials in the United States, she is also a member of IAAPA, NJAA, OABA and the IISF. Should you need legal assistance, reach Heather at: +1 215 241 8856 or
heichenbaum@lawsgr.com.
9
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60