The only thing that I can think of for the kids defense is that the kid supposably didnt understand that the signs where they as a serious note instead of decorations. Having a "do not enter sign" does go along with the theme of the ride and the kid probably thought that he would be able to cross through since it was so easy to get it climbing the fence with no barb wire ect. Or the family could say that six flags wasnt helpful enough in grieving the family.
Although I do believe that of the many thousands, millions of people who ride BTR every year, its kind of obvious that you shouldnt climb a fence to get a hat, nor any ride. They make you stay in the lines queue for a reason right? jeeze
No matter how hard it is...Never EVER give up. The real failure is those who dont try.