I will post here links to things I discuss in the casebook but didn’t have space to include all of. It’s currently organized by chapter. If there’s something in the book that you’re interested in that you don’t see here, just holler.
- Chapter 1 – Introduction
- Fiesta Texas Rattler Documents
- Chapter 2 – Tort Law/Background Literature
- Chapter 3 – Assumption of Risk, Comparative Fault
- Holiday World – Raven Incident
- Prosecutor’s report
- Fellner v. Holiday World
- Holiday World – Raven Incident
- Chapter 4 – No-duty doctrines (including primary assumption of the risk), statutory immunities
- Munoz v. Six Flags (haunt case)
- Chapter 5 – Waivers and other contractual matters
- McKamey Manor Waiver
- This version is fairly old, coming as it does from the California era. I keep thinking I’ve got someone who will get me a newer version. Are you that person? Email me.
- This waiver is objectively pretty funny. There are parts that were clearly written by a lawyer, though I’m not convinced it was written by a lawyer for the Manor. The middle part of it—virtually all of it—seems likely to have been written by McKamey himself. It’s self-contradictory, purports to waive things that you can’t waive, spells “liable” as “libel,” and is just fairly silly.
- Newer McKamey Manor Waiver
- Courtesy of the folks behind the Hulu documentary “The Monster Inside” (which I recommend), this is a reformatted but still pretty similar version of the waiver, with the laundry list of (probably mostly fictional) things they might do to you at the end. It continues to have the objectively funny line, “The Participant further agrees that they assume the risk that the facts or laws may be other than they believe.”
- McKamey Manor Packet
- Again from the Monster Inside folks, this is, I assume, a packet sent to prospective participants. Among other things, it provides some idea of the pre-visit things they make patrons do, presumably at least in part to make them more exhausted.
- Glenwood Caverns Waiver
- McKamey Manor Waiver
- Chapter 6 – Regulations and Investigations
- Spreadsheet of state regulatory schemes as of 2022
- My research assistant Alexander Yee did excellent work on this 50-state survey, providing way more information than would be reasonable to put into a casebook. I will reiterate, as I do at the bottom of literally every page of this website, that this is not legal advice and you ought not rely upon it. Get a lawyer if you need one! It also may well be out of date, since regulations get changed fairly regularly.
- Statement by KMG regarding Ohio State Fair Fireball incident
- 2011 legislation to add fixed-site parks to CPSC oversight (not passed)
- (There are investigation reports throughout the book and this page.)
- Spreadsheet of state regulatory schemes as of 2022
- Chapter 7 – Vicarious liability and emotional distress claims
- Six Flags New England Superman – Mordarsky fatality
- Superman: Ride of Steel 2004 fatality investigation report
- I thought I had lost this forever in a hard drive crash, but the Wayback Machine delivered by way of my old site.
- Civil complaint
- Superman: Ride of Steel 2004 fatality investigation report
- Six Flags Darien Lake Superman – Hackemer fatality
- Six Flags New England Superman – Mordarsky fatality
- Chapter 8 – Design & Warning Defects; Experts
- Chapter 9 – Strategy & Ethics (including case study)
- Collection of documents regarding Glenwood Caverns Haunted Mine Ride tragedy
- Chapter 10 – Insurance
- Chapter 11 – Punitive Damages
- Schlitterbahn Kansas City – Verrückt
- Chapter 12 – Other Intentional Torts
- Chapter 13 – Criminal Liability
- Haunted Castle Fire Investigation Report (Six Flags Great Adventure)
- Childs article on prosecution trends (very old)
- Investigation on Rockin’ Raceway Hawk fatality