Experts were instrumental in quickly investigating the incident and helping to sift through theories of liability. Bartimus Frickleton Robertson Rader put together a team of nine specialists in the fields of polymer fiber science, biomechanical engineering, computer forensics, accident reconstruction, warnings, operations, restraint devices, ride design, and scientific visualization.
The primary claims were grouped into two general categories. Product liability claims were based on design defects, manufacturing defects and warning defects. The operations/management claims involved the defendants’ notice of dangerous conditions prior to the incident, failure to maintain and inspect the slide and rafts, and failure to properly train employees.
The case also involved a complex choice of law analysis. Some of the design and testing of the slide occurred in Texas, allowing Bartimus Frickleton Robertson Rader attorneys to argue that Texas law applied. At the time, Texas’ law regarding noneconomic damage caps in child wrongful death claims was more favorable than that of Kansas and significantly increased the value of recoverable damages.