Park News
www.parkworld-online.com
at hasn’t even opened yet!
by Heather M Eichenbaum Esq Zero tolerance
Park Law A taste of things to come at Yas Waterworld. Ferrari World appears top left
legendary pearl that once brought prosperity to her village. In keeping with the theme, guests will be able to go pearl-diving and take home a beautiful pearl souvenir. “We have tried to do something really different and special at Yas
Waterworld Abu Dhabi,” remarked general manager Mike Oswald, collecting the WWA award recently at the association’s symposium and trade show in Las Vegas. “It is a huge honour to have those efforts recognised by our peers from the international water attractions industry. To win this award even before we officially open our doors is just one more reason for visitors and the industry at large to look forward to what we have in store.”
BALPPA confirms Kelly as new chief executive
The British Association of Amusement Parks, Piers and Attractions (BALPPA) has appointed Paul Kelly as its new chief executive. Paul, who took up the role on October 15, is well known within the visitor attractions industry from his long service to Thorpe Park, initially as a student and later progressing to head up operations. He later transferred to Thorpe Park parent company The Tussauds Group/Merlin Entertainments’ London Eye, before moving into a new business development role with Merlin, where he stayed until 2010 before working as an industry consultant. “We are delighted to have Paul on board”, says BALPPA chairman Adrian Mahon. “He has been in the industry for most of his working life and brings to the chief executive role a wealth of practical experience in operations and commercial activities, from which our members will benefit. He has also had extensive experience dealing with politicians and local authorities and his expertise in this area will contribute significantly to BALPPA’s lobbying activities.” Paul’s appointment comes after a period of instability within BALPPA that has seen the appointment and departure of two chief executives (Martin Barratt and Jeremy Reed) within 24 months. Park World wishes him well.
Paul Kelly NOVEMBER 2012
An article about amusement parks recently appeared in an American magazine directed to attorneys who represent plaintiffs in personal injury cases. Pointing out things to look for and how to effectively pursue a case against amusement venues, the article will undoubtedly result in an increase in personal injury claims against our industry. So, in anticipation of this, you should have a “zero tolerance” policy for several employee actions at your venue. First, in recent years, the use of mobile phones by amusement ride operators while working has gained national attention. Phone records are readily available, and there is nothing that will guarantee a verdict against you in the event of a lawsuit quicker than proof that your employee was talking or texting on their cell phone at or around the time of the accident. Your young guest’s safety is entrusted to your employees and, just as you wouldn’t want your child driven in a car by someone texting or holding a mobile phone, your patrons do not want to see your employees holding their phones either. Complete attention must be paid to patrons, not cell phones, whilst employees are on duty. Any infraction of this rule should be dealt with strictly. Second, information posted on social media sites are now requested in virtually every lawsuit. Employees must be advised that they are prohibited from commenting on their employment on Facebook, Twitter, or any other social media site. Such posts never disappear, even if they are deleted. While employees have freedom of speech, you have the right to restrict what they post concerning their employment. A blanket restriction of such posts will eliminate the need to pick and choose what is acceptable and what is not. Third, the use of drugs and/or alcohol on the job cannot be tolerated under any circumstances. Drug testing should be conducted regularly. While you cannot realistically restrict the use of alcohol when an employee is not working, any indication of illegal drug use even when not on duty should result in immediate discharge. You simply cannot place the safety of your guests in the hands of someone who uses mind-altering substances at any time. Aside from perhaps showing a video of an employee on a cell phone, a plaintiffs’ attorney loves nothing more than being able to tell a jury that your employee was intoxicated on the job or does cocaine in their free time. Finally, blatant disregard for your rules or outward disrespect of supervisors and management cannot be accepted. An employee who is insolent to the person who pays their salary is almost certainly not emanating a positive and respectful attitude with your patrons. Don’t wait for an accident or altercation with a guest to happen before removing that employee. Of course, the items above are not exhaustive. Plaintiffs’ attorneys are ready and willing to represent any of your guests who have a bad experience or accident, now more than ever. Your first line of defence in every case is to do everything you can to ensure that attorney isn’t handed the ammunition needed to win because an employee isn’t up to par.
Heather M Eichenbaum is a member with Spector Gadon & Rosen PC, practising in Pennsylvania and New Jersey In addition to defending amusement, sports, hospitality and recreation venues, she addresses compliance with employment and disability laws and provides training on crisis management, safety and witness testimony. Legal counsel to, and a board member of, NAARSO, she is also a member of the NJAA, IAAPA, OABA and the IISF. Should you need legal assistance, reach her at: +1 215-241-8856 or
heichenbaum@lawsgr.com
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