re: Schlitterbahn co-owner to face murder charge in water slide death

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Wouldn't they have to prove he intentionally killed the kid for it to be murder?

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No.

Depraved indifference.

Might still be a reach though. I don’t know enough about the case but there would need to be evidence that the defendants knew there was a real and unreasonable risk that a child could die and chose to go ahead and play the odds.

Some companies actually do this. For example, a company that makes baby clothes could have knowledge that a popular outfit is somewhat flammable; holding a small flame close to it could make the outfit incindiery and go up in flames unusually quickly if held close for 3 seconds. They then run metrics that estimate that this could happen to 3 out of every 1000 babies wearing the outfit. Then they weigh the costs of recalling and redesigning the popular outfit against leaving it as is and covering up the info. They decide it’s more profitable to have 3 burned babies.

That’s a quick example but it happens.