I have to say, based on the track design I think COP has to be liable for the switch. Now that this incident has occurred there will certainly be an improvement made, and because it can be improved that ultimately will be on them to have foreseen. Seems like given the switch design the closed track should have some kind of foam barricade that would slow down any slider in the event the wrong track is used. I'm sure there is some sort of padding at the bottom of the track for instance.
|