Park News
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ean Kingdom Park Law
by Heather M Eichenbaum Esq
Be careful what you advertise!
Advertising is essential to most businesses, including amusement parks. Most parks today advertise using a combination of print media, television and/or radio, in addition to online marketing via websites, Facebook pages, Twitter and other electronic means of relaying your park’s message. However, beware what you advertise!
Every park wants to espouse its commitment to safety and it’s increasingly common for parks to make safety claims online. However, the “wrong” wording can come back to bite you in a claim or lawsuit made by someone who claims to have been injured at your park.
By way of example, a statement that you control all go-karts via remote control (such as Kartrol or Kart Kommander) to ensure safety is a reassuring message to passengers considering riding your go-karts and therefore may be an effective advertising tool. However, in a lawsuit filed by a patron who claims you didn’t properly use the remote control, your advertisement is an “admission” that you had the ability to control the go-karts and ensure that patrons aren’t injured. An admission is exactly what it sounds like: a statement made by your park that “admits” your park does something or controls something. Even where liability is otherwise doubtful, an admission can be the difference between a court dismissing a case filed against your park and a jury finding your park legally responsible for a patron’s alleged injuries.
Wolber to replace Gas at Euro Disney
Tom Wolber (pictured) is to become the new president of Disneyland Paris operator Euro Disney following the appointment of Philippe Gas as general manager of Shanghai Disney Resort. Wolber is German and speaks four languages:
French, Dutch, English and German. He returns to Disneyland Paris, which he helped to open in 1992, with more than 20 years’ wide-ranging experience with Disney including leadership positions at Disney Cruise Line, Disney Vacation Club and both Walt Disney World Resort and Disneyland Paris. He most recently served as
the head of Walt Disney World resort and transportation operations in Florida, overseeing all of the 28 resort hotels and the property’s extensive transportation network. His appointment in Paris will be effective next month (September). In the meantime he will transition into this new role during the summer, working with Gas to ensure continued commitment to the company’s long term strategic priorities. “On behalf of all board members, I would like to thank Philippe for the excellent collaboration we had together and for his personal involvement in Euro Disney during the last six years”, notes Virginie Calmels, chairman of Euro Disney supervisory board. “We are very proud that The Walt Disney Company has chosen Philippe, a top French executive, to lead a huge and strategic project such as Shanghai Disney Resort.”
JULY 2014
As I’ll illustrate in the examples that follow, there is often a fine line between an effective advertising or marketing message and a harmful admission. When crafting your advertisements, you may certainly use general claims regarding safety. For example, it is acceptable to say: “We conduct regular equipment inspections and do periodic maintenance to keep our rides running safely.” As long as you are, in fact, doing those inspections and maintenance, this general proclamation cannot ever hurt you in litigation.
On the other hand, “We conduct regular equipment inspections and do periodic maintenance to ensure our rides are accident free,” can be used against you as an admission in virtually every personal injury lawsuit. Hearing, or worse yet, seeing a physical exhibit of, your advertisement ensuring safety in a personal injury case can be all the jurors need to hold you responsible for an accident. In essence, it can appear that you have “broken your promise,” which is never received well by those who may have relied on your promise. Once it is seen by a plaintiff’s attorney, it’s too late to “retract” your positive safety assurance even if you believe it has been misunderstood or mischaracterised.
In short, be careful what you state in order to avoid a positive advertisement becoming a harmful admission later. If you have any question about the language you intend to use, consult counsel before publishing the advertisement.
Heather M Eichenbaum is a Member with Spector Gadon & Rosen PC, practicing in Pennsylvania, New Jersey, Florida and New York. Ms Eichenbaum concentrates her practice in the defence of amusement, sports, hospitality, and recreation venues. Legal counsel to, and a board member of, NAARSO, she is also a member of the NJAA, IAAPA, OABA and the IISF. For legal assistance worldwide, reach her at: +1 215-241-8856, or
heichenbaum@lawsgr.com.
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