Originally Posted by Ron Bennett

Prediction: Six Flags will be sued, but settle out of court, though likely for a somewhat smaller amount than they normally would in a pure accident situation.

Here's why ... and this seems counter-intuitive, but than the law is often that way:

The family's lawyers (I'm assuming they'll have some soon, if not already) could argue that it took the boy a fair amount of time to scale both fences (side-arguments: the fences were too low / not properly maintained / the ride is an attractive nuiscence), and thus park security had ample time to act to stop him, but neglected to do so, which thus contributed to the boy's death.

Ron