Earlier this year, a settlement was reached between the family of Kansas State Representative, Scott Schwab and the owner of the Schlitterbahn Water Park as a result of the tragic death of their 10-year-old son, Caleb Schwab. According to court documents, the family will receive nearly $20 million in settlement payments from the companies involved in the 10-year-old boy’s death on the Verrückt water slide, though at the time of the settlement agreement back in January, it was unclear how much each party would be required to pay. Now, more details have emerged, revealing that the Schwab family settlement might be the “largest settlement of its kind paid in a wrongful death case involving a minor in either Kansas or Missouri.”
Earlier this year, a settlement was reached between the family of Kansas State Representative, Scott Schwab and the owner of the Schlitterbahn Water Park as a result of the tragic death of their 10-year-old son, Caleb Schwab. According to court documents, the family will receive nearly $20 million in settlement payments from the companies involved in the 10-year-old boy’s death on the Verrückt water slide, though at the time of the settlement agreement back in January, it was unclear how much each party would be responsible for paying. Now, more details have emerged, revealing that the Schwab family settlement might be the “largest settlement of its kind paid in a wrongful death case involving a minor in either Kansas or Missouri.”
In total, the settlement amounts to $19,732,125 and, according to The Kansas City Star, the breakdown among the four parties is as follows:
- $14 million from SVV 1 and KC Water Park, two companies associated with Texas-based water park company Schlitterbahn.
- $5 million from Henry & Sons Construction, the general contractor on the 17-story ride that broke records for the height of a water slide.
- $500,000 from Zebec of North America, which manufactured the raft that carried up to three riders down the slide.
- $232,125 from National Aquatics Safety Co. and its founder, John Hunsucker, which consulted on Verrückt.
But what happened to warrant such a large settlement? Well, for those who don’t know, last summer on August 10, Schwab and his family visited the Schlitterbahn Water Park where their 10-year-old son, Caleb, decided to ride the Verrückt, “German for crazy or insane.” It’s known as the world’s tallest water slide, and after only moments on the ride, Caleb was tragically killed in an accident. Currently, the Kansas attorney general’s office is still investigating the tragedy, though “it’s believed that Caleb’s raft went airborne and that he came into contact with a netting system placed above the slide that was propped up by metal poles.”
Going back to the settlement, according to Kansas City attorneys, the amount being paid to the Schwabs “is remarkable,” primarily because “Kansas has some of the most restrictive laws in the country when it comes to damages that can be recovered in wrongful death cases.” For example, most of the time, “non-economic damages like pain and suffering are limited to $250,000. And, based on a precedent set by a 1993 Kansas Supreme Court case, punitive damages are not allowed in wrongful death cases.”
Nonetheless, some attorneys, including Jeffrey Reiff, believe the large settlement amount is “a fair result.” He said, “you can’t put a value on a human life. Under the circumstances, it’s a fair result.”
So what’s being done about the water slide where the tragedy occurred? Will the state begin implementing more strict regulations? Well, if anything, the child’s death and the investigations that followed “revealed the lax regulations that governed amusement park rides at the time of the Verrückt incident.” It turns out that the “Unified Government of Wyandotte County and Kansas City, Kan., had no regulations on the safety of amusement park rides, nor were they required to under Kansas law.” Instead, the state of Kansas “regulated amusement park rides through the Kansas Department of Labor,” though the department hadn’t “inspected Verrückt since it opened in 2014.” As a result of the accident, the Kansas Legislature “approved tighter regulations of amusement park rides,” garnering praise from Scott Schwab, who issued the following statement back in March on the Kansas House floor:
“I love every one of you and thank you for everything you’ve done for our family, but this bill is really not about Caleb. It’s for the next kid who goes some place in Kansas for a fun weekend.”
Sources:
Family of Caleb Schwab receives nearly $20 million in Verrückt settlements
Settlement Reached Over Water Slide Death of Lawmaker’s Son
Editorial: Verrückt settlement ensures accountability in water slide death
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