OCT GOES OTT! - Welcome to neilmead

www.parkworld-online.comPark NewsPolar Land at LegolandDenmark’s Legoland Billund is to get a brand new area for 2012 called PolarLand, anchored by a Zierer drop coaster. The new additions represent a DKK 75million ($14m/€10m)investment, the largestever in the history ofthis, the originalLegoland park.Billed as thefirst coaster inthe world tocombine afive-metredropwith livepenguins, Polar X-plorer will reach atop speed of 65 km/h. Riders will race through an icy waterfall, past Lego polaranimals, into a giant mountain and crashing through the “ice” into the dropsequence. The speed will then decrease, allowing passengers to enjoy the viewof the penguins.Totalling 12,500 square metres, the Polar Land concept has been developedby Legoland Billund designer Tom Christiansen. As well as Polar X-plorer, the newland will also include a restaurant overlooking the penguins and a flightsimulator built out of the park’s old Power Builder (Robocoaster).Located in the far corner of the park, the new land will replace the Event Areaand be unveiled to the public in May, one month after the main park opening.Goofy’s Paint ’n’ Play HouseNOVEMBER 2011Think of it as Toy Story Mania with anew twist (and no moving vehicles).Goofy’s Paint ’n’ Play House willopen at Tokyo Disneyland in autumn2012, letting guests help Goofyredecorate his room with what seemslike real paint!Players must work together topaint a room, taking aim at the wallor furniture. Different settings will befeatured, such as beach or jungle,providing guests with a differentexperience each time they visit.National Roller CoasterMuseum moves forwardThe National Roller Coaster Museum and Archives (NRCMA) continues to moveforward in the United States, in its efforts to preserve and protect the history of theamusement industry.After securing a 2,600-square-foot building last year in Texas, the museumrecently filled its two remaining board positions with the appointment of TomSheehan, an attorney and life-long advocate for theme parks and amusementmanufacturers and Jerry Willard. Deputy director of rail administration for the SanMateo Transit District in California, Willard is also as an executive committeemember of the American Coaster Enthusiasts (ACE).The NRCMA continues to expand its collection of artefactsand is currently expanding its archiving facilities, but themuseum needs support from the industry and fans ifthese efforts are to continue. Donations can be madeonline at www.rollercoastermuseum.org, a website whichis worth a look.Park Lawby Heather M Eichenbaum EsqDefence Vs SettlementWhen and How to CompromiseLawsuits are inevitable in the amusement industry, and severalplaintiffs’ attorneys have targeted the industry in recent months.Insurance companies retain defence counsel to represent yourinterests in these lawsuits, but which ones should you urge theinsurer to defend and which should you attempt to settle amicably?First and foremost, you should always, in every circumstance,defend every case that is fraudulent or in which you otherwise didnothing wrong. Plaintiffs’ attorneys communicate daily aboutpending lawsuits, potential cases and easy or difficult targets forlawsuits (who always settles cases and who fights tooth and nail).If you defend lawsuits vigorously and make plaintiffs and theirattorneys work endlessly to “earn” any money they ultimately get, thenumber of claims and lawsuits against your park will decline.Attorneys facing the decision of whether to take on a new client witha questionable claim will be unlikely to accept the client – knowingthey are going to have to work extremely hard for years with noguaranteed payoff.The challenge in defending every dubious case is being willing topay more to defend the case than you would to settle it. After all, itmay seem a silly business decision to pay $30,000 to defend a casethat you could settle for $5,000. However, when you settle 10 casesfor $5,000, word spreads that you settle and those $5,000 claimskeep coming.When you defend a handful of $5,000 cases, showing you arewilling to defend yourself even when it costs more to do so, those$5,000 cases stop coming in and, in short course, you are facingonly legitimate lawsuits. In the end, by vigorously defending baselessclaims, you will save money in insurance premiums, and, asimportantly, your time and effort spent defending your park.Conversely, any claim or lawsuit that is meritorious – where youknow your park did something, or failed to do something, thatcaused an accident, should be considered for settlement – as earlyand as cost effectively as possible. However, that settlement musttake into account the injuries allegedly sustained and what they arerealistically worth. Don’t be hijacked into paying for injuries that areexaggerated or unrelated to the accident at your park. Work withyour attorney to investigate the plaintiff and whether the claims arelegitimate.Those cases where responsibility for the accident is questionableor the plaintiff themselves played a part in causing it, should alsobe considered for settlement but at a compromised amount.Furthermore, all cases should always be settled with aconfidentiality provision. This helps to protect you from “the wordon the street” becoming that you are an easy target for futurelawsuits.Heather Eichenbaum is a member with Spector Gadon & Rosen PC,practicing in Pennsylvania, New Jersey, Florida, and New York. In addition todefending amusement venues, she also handles and provides training in crisismanagement. Legal counsel to and a board member of the NationalAssociation of Amusement Ride Safety Officials in the United States, she isalso a member of IAAPA, NJAA, OABA and the IISF. Should you need legalassistance, reach Heather at: +1 215 241 8856 orheichenbaum@lawsgr.com.9