TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, May 22, 2008

Oregon Amusement Park Cites Liability Insurance in Closing

Thrill-Ville USA, a small amusement park in Oregon, announced recently that it would not be opening this year, or likely ever at all. The park sits next to the owners' KOA campground, and the owners say in an AP story that increasing liability insurance costs, along with the slowing economy, contributed to the park's closing.


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That is the coin of damage from torts, cost and availability. The measure of the damage to availability is in money, too. So, no rides available. But also, no money from the public attracted by the rides, for gas, food and lodging in the surrounding area. Even at a loss, the rides could have attracted people to the camp ground.

If someone were injured on a ride, the gas station, restaurant, and motel did nothing wrong. Yet, they must suffer because of the malfeasance of the plaintiff lawyer. Once, the self-dealt privity obstacle to third party liability ends by law, the class of collateral victims should sue the plaintiff bar, along with the class of innocent defendants.

The alternative to torts, Medicaid for the injured, and tighter quality improvement for the ride, would avoid this ripple effect.

The biggest damage may have no measure. How many people wanted to start amusement businesses, with their side benefits to the local economy, but got deterred by this decision? This is the deterrence of the entire enterprise, not just negligent enterprise. The lawyer knows of this effect. He immunizes favored industries to see them grow, intentionally. Immunities grows the entire business, not just misconduct, and the obverse is true. Damages for this intentional interference lawyer tort likely exceeds the value of all human assets on earth, once exemplary damages get calculated. At some point, a member of the Executive decides to carry out its duty to the public and sues the class of plaintiff lawyers for this massive damage to the economy. To deter.

It would be nice to once substitute the word, lawyer, for the word owner, in an article on a decision to close up shop for good.

Posted by: Supremacy Claus | May 22, 2008 10:15:40 AM

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