lance22 wrote:It looks to me like the lawyer for the victim needs to gain access to Valley Fair's security policies. They had identifiable threats to security but did not take action to remove these threats from the park. Perhaps they do not expel people who arrive at the park in a bus? Somewhere they have a written policy, and somewhere there is language which discourages their security people from expelling trouble-makers. And when they find that document they will have found their one million dollar sheet of paper.
What is an identifiable threat?? And have you ever Written a procedure manual??
Basically stereo typing will get you a law suit, and harassing pople for the way they are dressed, skin colour, or ethniticity is illegal and will get you a big law suit faster than you can kick them out of the door. So again what is a threat ? Prehaps until they slapped the girl on the buttocks they were behaving and did nothing wrong, kicking them out i am sure would some how violate thier constitutional rights.
And when you write a procedure manual you maker sure that leave anything out that could be used in a law suit and then it gets read and approved by the companies legal dept to make sure there is nothing in there that could be used as something that could be discrimitory.
lance22 wrote:When they know of a threat but do not take action you are more liable than if you do not know. When you know of a threat and have a written policy that prevents you from taking meaningful steps, then you become REALLY liable.
Look at Minnesota case law of the manager of foxmoor at the M.O.A several years ago who was getting her arse kicked and security repsonded and called the police. She went on to sue the Security and the M.O.A for not intervening. She lost due to the fact they acted resonably and called 911 and seeing as they were not trained to act further than that. So basically trying to hold the Fair liable is a croc and would not fly as. The peeps there are Security and trained Emt's, who make a pittance actrually a non English speaking immigrant makes more on 3rd shift guarding a empty office building

So they are not trained or instructed to do anything other than call the people with the authority to do something, in a situation like this.
And one of the members on this board is a member of the security team out there, some of know who and others may not and if they have a matter to say on this it is thier choice but i highly doubt it as it is a work related incident and we all Know how some people are more than happy to take thier words and twist them and include where thye work
So i shall leave their name etc out of it.