The New Hampshire family that witnessed the SeaWorld whale attack is suing for their sons emotional distress. Do they have a case?

I'm always amazed at how quickly Americans are 'mentally scared' when they smell money. Of course this case is absolutely ridiculous. It's like going to Formula 1, and sueing Ecclestone if one of the cars crashes, or going to the circus, and one of the acrobats falls down from the sloppy rope.It's really horrible that some people stoop this low to prey on this trainer's death, and try to squeeze a buck out of the situation.

Children are very well able to take in all kinds of horrible situations, and while witnessing the death of this trainer is very sad and will be something he will remember for all of his life, it will just be part of memory, and will shape his personality. Just like his horrible parents, who have blown this whole thing into enormous proportions, ensuring this kid will indeed be scarred for life. NOT from the orca attack, but from the way his parents have impressed him with the notion that anything bad that happens to you can be turned into a profit.

It sounds like a good case. Sea World has been fined by OSHA for negligence, which should make it easy to show negligence in a civil case. Emotional distress is a reason for a suit provided it causes pecuniary loss, such as having to spend money on psychological care.

They have to actually show he needed care though, just feeling sad and crying isn't enough. The article says "In an interview with WESH 2 earlier this year, the family members said they were so traumatized by what they witnessed that they had sought counseling. " If it was paid counseling that would count.

Overall, if they really spent money and the company was negligent, they have a great case. The trainer's husband also has a great case in his separate suit. That $70,000 fine may seem like peanuts when the civil suits are over.

Probably they will be settled out of court because Sea World doesn't really have any defense, it can only argue about how much it should pay.

In my limited experience with lawsuits, it seems that it is less and less about whether there is actually a case or not and more and more about how much money can be obtained. Sea World is a rather large corporation that has funds at their disposal. When a lawyer sees this, there is a whole lot of opportunity for all kinds of potential cases.

I can imagine that a small child who had to witness this particular event might have seen something very gruesome, and although I am not a mental health professional, I can't possibly see how this would lead to longterm emotional distress. My seven-year-old son also watched the report on the news. Having a particular affinity for nature and animals, he was outraged by the incident and couldn't quit talking about it for days.

However, he wasn't as upset about the Orca attack as he was about OSHA handing down some serious fines and penalties due to the incident. This is odd for a seven-year-old, I know, but even my kid understands that animals only do what is in their instincts. Even when they are trained, there is always that potential that they will resort back to their instincts when threatened.

He was also incredibly upset over the death of a pet hamster that was purchase at Pet Smart. If that hamster was found to have some form of communicable disease due to negligent care on the part of the retail giant, should I sue them for the loss of my child's pet and emotional distress? I hardly think that would be worth it, and what kind of lesson would that teach my kid?

That the world always owes you something? Our dog ate a skunk one time. It was the most disgusting thing that I have ever seen in my life.

We walked outside one morning, and there she was with the half-consumed skunk still in her mouth. My son was pretty disgusted that day as well, and it was probably one of the most grotesque scenes of nature that he has ever witnessed, but I doubt that he will be scarred for life.

I doubt they have any kind of a lawsuit as there is probably some sort of clause on the tickets that the park is not responsible for damages caused by animals. Just like when you go to a baseball game the ticket says they're not responsible if you get hit by a ball. I think they are suing for such a small amount thinking they will just pay as it's cheaper than Lawyers and going to Court.

But the Park will not let a legal precedent be set and open the doors for other suits. The Lawyers will put the kid through all kinds of psychological testing and dig into the families life and make it not worth their while. They could stretch this out for years.

Unfortunetly they should have a case, several years ago Disneyland was sued because a child saw Mickey Mouse take off his head in a castmembers area. Why the family could see in the cast members area I do not know, I believe Disneyland settled it out of court. If Mickey Mouse can traumatize a child like that I am sure a Killer Whale can also.

Childrens eyes tend to wander all over. How much did the child really see or understand? Something like this is very sad, but I think the parents are trying to make a quick buck.

The land of frivolous lawsuits, where will it end. So what exactly did little junior see, and did they really understand what was going on? Did they see the dead body floating in the pool, and did they know it was really dead?

Any prudent parent would try to shield them from any sight that might bother them, not expose them to it by using them to get money. How can they prove emotional distress that will render them disfunctional for the rest of their lives? Smells like Golddigger to me.

Wow. Really? Well, unfortunately, as pathetically sad as this country's legal system is, I'll bet they have a case.

I mean if somebody can go to McDonald's, burn themselves on hot coffee, and then win a lawsuit, what's left? Jesus Herald Christ! (I'm waiting for the lawsuit on that one) God forbid I call a Goliath Grouper a Jewfish!

Don't want THEM suing me either huh? Since I watched a lion maul and devour an antelope on Animal Planet, who do I sue for that? Just another prime example of some bagel trying to bank on opportunity.

This country REALLY needs to put their foot down and say "enough's enough"! Sea World shouldn't be held responsible for ANYTHING. Sea World did not force anybody to watch that.

Sea World didn't train the whale to do that. Anybody with a brain and common sense can say hey, it's a wild animal, anything can happen. You let your child play Modern Warfare 2, but holy sh!

T at pure nature at work!

This is America and surely the parents will find a lawyer who will file this case. Of course it is another piece of trash that cloggs the courts and adds to pussification of our country. The lawyers have destroyed playgrounds, schools, sports, fast foods, and everything else they get involved with, while chasing a buck.

The kid who witnessed this tragic event, along with the millions whom have seen it on youtube, will survive this if allowed to.

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.