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When in doubt, sue someone.
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Posted by Noel [Email] (more from Noel) on Fri, 25 Jun 2010 10:21:11 Share Post by Email
In Reply to: Waivers are useless..., B Millar [Profile/Gallery] , Fri, 25 Jun 2010 08:44:28
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Liability IS an issue, but I suspect the right type of waiver or contract can provide reasonable protection. It's probably necessary to think a bit like a ski area, where purchase of a ticket has the user assume the risk, except for negligence on the part of the ski area. You can still sue a ski area if you are injured, but it really only works if you can show clear negligence by the ski area in terms of maintenance, warnings of risk, etc. This is how areas put up terrain parks that let people do inverted aerials. Several times a winter I see the ambulance at my local hill hauling away some Shawn White wannabe. But no lawsuits.

With a DIY facility,the first challenge is finding an insurer that would cover it, then creating a binding contract that users would have to sign. You'd probably need employees who could safety-check people, but if THEY screw up and someone is hurt then you have a liability issue.

Lawyers and brain dead juries sure can screw stuff up. We're waaaay to litigious in this country. Hasn't anyone heard of personal responsibility?

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