Many have heard about the tragic death of Caleb Schwab on the Verrückt water slide at Schlitterbahn in Kansas City, Kansas. This schlitterbahn wrongful death case resulted in a settlement for the family, who suffered a needless and avoidable tragedy. However, this tragic event and the resulting settlement highlight an even greater issue inherent in Kansas wrongful death cases.
Caleb’s father, Scott Schwab, is a Republican member of the Kansas State Legislature (Kansas Legislature). Notably, Kansas Republicans were primarily responsible for imposing strict limits on wrongful death recovery. In 2014, the Kansas Legislature passed a bill that slightly increased the limits on wrongful death settlements from $250,000 to $300,000 (Kansas Bar Association). This came only after the Kansas Supreme Court pressured lawmakers to address the limitations, as they had otherwise remained unchanged since 1998. The bill gradually increases the cap over an eight-year period to $350,000 (Kansas Supreme Court Rulings).
Recovery of Substantial Sum
The substantial recovery in the Schlitterbahn wrongful death case is notable under Kansas law, and several factors may explain this outcome. Firstly, some defendants were associated with Schlitterbahn, a Texas-based company, allowing for the application of Texas law, which imposes no caps on wrongful death recoveries in such circumstances. Secondly, while Kansas law caps non-pecuniary damages in wrongful death cases, families can recover additional compensation by demonstrating economic losses, such as medical expenses and future lost income. In the 1985 case of
Wentling v. Medical Anesthesia Services, the Kansas Supreme Court recognized that losses like marital or parental care, services, training, advice, and financial support are considered economic damages without recovery limits. However, despite this theoretical basis for substantial damages, Kansas courts have seldom awarded significant Wentling damages in practice.
A Well-publicized Tragedy
So, how was Caleb’s family able to recover such a large sum here, when most of the legal arguments would have prevented the recovery of substantial money damages in Kansas for the death of a 10-year old child? The ultimate tragedy in this settlement is, few who are not so situated as a Republican legislator have a similar opportunity. Certainly, the well-publicized tragedy also had some cachet in producing the large settlement. But, the rank and file litigants in Kansas who suffer the loss of a loved one, even as a consequence of horrific misconduct by a defendant, have very limited rights to recovery money damages. While the loss of Caleb to the Schwab family is undoubtedly tragic and deserving of a large settlement, not until all people have the same rights will this settlement be viewed as fair.
If you or a loved or have suffered the death of a family member, you have the right to pursue a
wrongful death case. Strict rules apply as to who can sue, when such individuals can sue, and how much can be recovered. Only an experienced attorney can help you navigate the time and money limits on such cases.
