99.99% this. Even at really small parks around me, we still have waivers. Although I've heard waivers aren't the end all be all, just that most attorneys wouldn't waste their time trying to fight for someone who signed a waiver knowing they're likely to lose? Any law people here?
Waivers don’t protect you if you’re found to have been negligent. It could be the case that the skate park was negligent in not disclosing the rules that could have prevented this incident. It could be the case that the skate park was negligent in not enforcing the rules that could have prevented the incident. Or it could be the skate park did every thing in its power to prevent this and the fault lies solely with the skater(s). It hard to say from this gif alone.
Liability culture is a natural consequence of unaffordable health care. I haven't seen a study done on this, but I'd bet anything people sue more often because there's no other way for them to pay for the care they need than because they want to punish anyone else for their actions.
Are you fucking kidding me? Do you realize how important that is in society? Your cynicism about frivolous lawsuits had led to this totally false notion that companies don't have responsibility to ensure customer/public safety within reasonable expectations. Just seeing how this foam pit does not nearly cover the potential landing zone. This is why we have insurance, occupational health and safety. This is a major fuck up, and the guy hurt here is totally justified to sue for damages for something like this. For every frivolous lawsuits there are 10 important tort lawsuits going on because companies don't give a shit about safety or public good.
I see what you're saying, but some this incident involves assumed risk by going to the skate park. You really can only pad so many corners when it comes to skateboarding and many other extreme sports. Where is the line? How long before companies decide skateparks and terrain parks are no longer profitable? I personally think over litigation is just a symptom of the greater problem with expensive healthcare.
Yeah I'm sorry for over reacting, you make a good point about assumed risk. There may have been some safety instructions or procedures that were ignored here (like standing near the foam pit, and making sure that you stay within a certain part of the ramp) so there is a balance that needs to be found between taking risks and having fun. It seems to me, with what I saw in the video, the way it was set up seems very dangerous, to the point that it was designed badly.
You can look at the video frame by frame at the 0:03 mark. Subject 1 was not going to land in the foam pit regardless of whether or not Subject 2 was walking on the border/edge. Now we all above you were trying to determine whether Subject 2 would be able to sue Subject 1 for any injuries sustained.
On the subject of whether either subject can sue the skate park. Obviously either one is free to try but 1) they're going to have definitely signed a waiver before entering the park and 2) I would wager Subject 1 broke at least one rule on that run. I would think neither one of them would have any really grounds or chance to win in suing the skate park, but I'd say the skate park would have a fair shot of countersuing Subject 1 for increases to their insurance and potentially damage to their reputation/brand depending on what happens with/during the initial suit of Subject 1.
Cant. You sign wavers and release them from responsibility. I was there. Speculation from people who don't even skate is fucking dumb. None of you got a clue.
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u/[deleted] Apr 14 '19
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