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Merlin found at fault for Smiler accident

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Mikey User avatar
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Although the park is working quickly to settle the claims of the injured guest, has anyone heard of reports of Alton Towers suing Gerstlauer to recoup some of the costs?

If Alton moves to sue Gerstlauer, then that seems to indicate a material defect in the design of the ride. Otherwise if they think it was a design or implementation problem with the control system they could come after Gerstlauer who would intern enjoin any subcontractors who may have been involved with it. If they don't, then that may seem to indicate that this incident resulted from human error.
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Yeah I've been waiting to see if Gerstlauer ends up involved with any of this or not because I'm still gambling on human error with this one.
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The report from the investigation hasn't been completed yet so they wouldn't have made the move to sue gerstlaur if they were partially to blame. They have however taken full responsibility for the accident though which would suggest they're fairly certain it was human error (or just good pr practice)
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This isn't good at all. :(
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I guess it's now officially worse than the Hellevator accident at KK where the girl lost her feet :x :cry:

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mkingy wrote:
The report from the investigation hasn't been completed yet so they wouldn't have made the move to sue gerstlaur if they were partially to blame. They have however taken full responsibility for the accident though which would suggest they're fairly certain it was human error (or just good pr practice)


Actually, each of those injured could immediately sue the park which would place the burden on the park to defend itself or enjoin other parties to split the liability. As has happened in other cases, the park supported by it's insurance company could be forced to payout immediately and then come back and sue those believed at fault.
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I suppose that makes sense - in this case the lawyers have stated to media that they won't be looking to sue Alton Towers due to their immediate decision to compensate the victims.
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Not only them but we "Coaster Crazy" people find this case sad... :( I still feel why the coaster also recreated by one NL2 professional builder, it has to be put in such a tough situation.
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Post August 23rd, 2015, 12:10 pm

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*To be taken lightly as a Daily Mail article, just throwing this out there

Two staff from Alton Towers are under investigation over the horrific Smiler ride crash that seriously injured four people, including two young women who each lost a leg.
The Mail on Sunday has learned that human error and a failure to follow basic safety procedures led to the devastating accident.
An engineer overrode an automatic safety lock, allowing the ride operator to send the carriage full of people careering into an empty vehicle that had ???stalled??? further down the track.
Student Leah Washington, 18, had her left leg amputated after the collision on June 2. Boyfriend Joe Pugh, 18, had both knees smashed. Dancer Vicky Balch, 20, had her right leg amputated below the knee three weeks afterwards.
Sources at the Staffordshire theme park told this newspaper how problems earlier in the day on the Smiler had resulted in an engineer being called.
These accounts tally with our exclusive interviews with Leah and Joe, who both recalled boarding a carriage when they reached the head of the queue, then being asked to disembark so the vehicle could be sent round without passengers.
Crucially, that empty carriage never completed a circuit, possibly because of high winds, and failed to make it up the ???bat wing??? section of the ride, rolling back down the slope and coming to a rest.
The most fundamental safeguard on the German-built ride is that two carriages should never be able to travel on the same section of track because sensors trigger braking devices to prevent it.
When the 16 passengers, including Leah and Joe, were loaded into a carriage for the second time, it was halted at the top of the first upward section as the automatic brakes kicked in.
The computerised safety system was working perfectly as the sensors were being told there was another carriage on the same section of track, even if operating staff were inexplicably unaware of it.
The teenagers recalled being held at the top of the section for about ten minutes, but did not know why. Joe said: ???It was really windy and we were freezing up there.
???I said to Leah, ???Something???s not right here ??? this shouldn???t be happening.??? ???
Meanwhile, an engineer engaged a manual override, allowing the carriage with passengers to continue once the ride operator had restarted the system.
One Mail on Sunday source within Alton Towers said: ???The engineer should never have manually overridden the safety lock with people on the track.???
An HSE spokesman said yesterday: ???Our inquiry continues.??? Merlin Entertainments said: ???We continue to work closely with the HSE as it investigates the causes of the incident and we are unable to comment further.???


Source

Post August 23rd, 2015, 2:01 pm
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They probably learned that from reading enthusiasts speculating as to the cause of the accident. Until we hear from the HSE and Alton Towers I shall indeed be taking anything the Daily Mail says lighter than a helium baloon.

Far Better article:
http://www.towerstimes.co.uk/blog/2015/ ... rs-resort/
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Post August 23rd, 2015, 6:15 pm
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RCT3rox wrote:
*To be taken lightly as a Daily Mail article, just throwing this out there

Two staff from Alton Towers are under investigation over the horrific Smiler ride crash that seriously injured four people, including two young women who each lost a leg.
The Mail on Sunday has learned that human error and a failure to follow basic safety procedures led to the devastating accident.
An engineer overrode an automatic safety lock, allowing the ride operator to send the carriage full of people careering into an empty vehicle that had ???stalled??? further down the track.
Student Leah Washington, 18, had her left leg amputated after the collision on June 2. Boyfriend Joe Pugh, 18, had both knees smashed. Dancer Vicky Balch, 20, had her right leg amputated below the knee three weeks afterwards.
Sources at the Staffordshire theme park told this newspaper how problems earlier in the day on the Smiler had resulted in an engineer being called.
These accounts tally with our exclusive interviews with Leah and Joe, who both recalled boarding a carriage when they reached the head of the queue, then being asked to disembark so the vehicle could be sent round without passengers.
Crucially, that empty carriage never completed a circuit, possibly because of high winds, and failed to make it up the ???bat wing??? section of the ride, rolling back down the slope and coming to a rest.
The most fundamental safeguard on the German-built ride is that two carriages should never be able to travel on the same section of track because sensors trigger braking devices to prevent it.
When the 16 passengers, including Leah and Joe, were loaded into a carriage for the second time, it was halted at the top of the first upward section as the automatic brakes kicked in.
The computerised safety system was working perfectly as the sensors were being told there was another carriage on the same section of track, even if operating staff were inexplicably unaware of it.
The teenagers recalled being held at the top of the section for about ten minutes, but did not know why. Joe said: ???It was really windy and we were freezing up there.
???I said to Leah, ???Something???s not right here ??? this shouldn???t be happening.??? ???
Meanwhile, an engineer engaged a manual override, allowing the carriage with passengers to continue once the ride operator had restarted the system.
One Mail on Sunday source within Alton Towers said: ???The engineer should never have manually overridden the safety lock with people on the track.???
An HSE spokesman said yesterday: ???Our inquiry continues.??? Merlin Entertainments said: ???We continue to work closely with the HSE as it investigates the causes of the incident and we are unable to comment further.???


Source



Eh it seems plausible.
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Post August 23rd, 2015, 8:05 pm
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Well, technically they are under investigation. However they are citing sources internal to Alton Towers: "One Mail on Sunday source within Alton Towers said: ???The engineer should never have manually overridden the safety lock with people on the track.???"

Of course this could have been an operator who works for the park but wasn't on scene when the accident occurred or some other low level employee.

Think I will wait for the HSE report..
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Post August 24th, 2015, 12:38 am

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@RCT3rox: Thanks for sharing and I believe that daily mail is saying the truth.
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Post August 26th, 2015, 3:51 am

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to be honest, if the HSE does conclude that the accident was caused by staff error, then the ride should re-open, because if its in the right hands it should operate safely.

Post August 26th, 2015, 9:07 am
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Let's start a conspiracy theory.

What if the employee crashed the trains on purpose?
Coasterkidmwm wrote:
gouldy wrote:
Just don't employ stupid people and you're golden.

That's like finding a Waffle House with no white trash in it.

Post August 31st, 2015, 1:01 pm
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Paradox wrote:
Let's start a conspiracy theory.

What if the employee crashed the trains on purpose?


Now I'm actually wondering. Would the British law system be screwed up enough, to give the guilty ride opp a lawsuit for attempted murder? Even if it wasn't intentional.
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Post August 31st, 2015, 2:53 pm
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Does the UK have an "attempted involuntary manslaughter" equivalent?
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Post August 31st, 2015, 3:09 pm
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Post August 31st, 2015, 5:03 pm
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The UK laws are a little less liberal then ours even tho our laws are based on them.

This was a form of negligence so likely any prosecution would derive from that.
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Post September 7th, 2015, 7:47 am
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After many weeks, well months, of inactivity, signs of life are now appearing with regards to The Smiler. Over the past few days, new control boxes have been installed at various positions around the ride, one being near the Staffordshire Knot element, and one overlooking the ride from the transfer area. Also today, Monday 7th, weighted trains have been testing during park operating hours, maybe suggesting a pre-Scarefest opening. Besides, why would they do all this work if it was to open again in 2016 when it could be carried out over closed season.

Pics and video credit to Towersstreet

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https://video-lhr3-1.xx.fbcdn.net/hvideo-xaf1/v/t42.1790-2/11837903_10153636628586103_1387883701_n.mp4?efg=eyJybHIiOjcyMywicmxhIjo1MTJ9&rl=723&vabr=402&oh=22419c1828e7594577a745b63d71bb5a&oe=55EDBD8F
Last edited by JAMMY on September 7th, 2015, 8:05 am, edited 1 time in total.
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Post September 7th, 2015, 8:02 am
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Assuming the ride crew rotates positions every x amount of time, maybe now some idiot will be on a "call us if it valleys" position lol. They could make him/her wear a high visibility jacket too. Poor sap.
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Post September 7th, 2015, 9:09 am
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I was really hoping for new trains with lapbars.
Coasterkidmwm wrote:
gouldy wrote:
Just don't employ stupid people and you're golden.

That's like finding a Waffle House with no white trash in it.

Post September 7th, 2015, 10:13 am

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