thank you fordguy. That clearly shows that no one in the club can be sued. BUT were the people who triggered the avalanche part of the club? Could they potentially be sued still?
UNBELIEVABLE!!!!
- Thread starter smokindave
- Start date
james t kirk
you are correct in where you sit. The big iron shootout i went to in 2005 probably had 700 people sitting at the bottom of the hill. It was so packed, people couldn't help but park in the run out zone.
you are correct in where you sit. The big iron shootout i went to in 2005 probably had 700 people sitting at the bottom of the hill. It was so packed, people couldn't help but park in the run out zone.
Im going to sue that sob that made that trench in the snow that caused me to hit that tree. I want a new pro. Sorry for any injuries any any accident in any sledding incident but obvious guy says...... obviously there is always avy danger in any hill climb big or small.. Sledders beware snow can slide..... there anyone that read this has been warned and cannot sue anyone for there sledding incidents
James, thanks for pointing out that there were most likely several hundred people that parked in that same area where the avalanche happend. Another good point was made with that, and that is I bet not a single person told anybody that day to move from that area simply because it was the place to be to see the action.
I'm not sure, all I know is that EVERYBODY is going to wind up losing from this matter one way or another.
I have trail passes from both before and after the dates of the event (Jan. '10 and Mar. '11) and they both have the same disclaimers on them.
It would be nice if the courts would recognize cases like this for what they are, folks looking for someone else to lay the blame on for their own bad decisions.
I am not saying I am not sympathetic to those hurt or killed in the slide, but we all need to recognize that there are risks involved with the sport we know and love and that nobody but ourselves should be responsible for managing that risk to each of our own satisfaction... If I see a hill that is even remotely capable of sliding, I'm not going to sit in the potential slide path - It's as simple as that. Take responsibility for your own actions and the consequences that go with those actions.
The Smithers club used to have hillclimbs long ago. We had disclaimers very similar to the one above. We took it to a lawyer just to get his opinion on whether it would protect the club in case of someone being injured and being sued. He said, and I quote "it's not worth the paper it's printed on" if it comes to a court case. A judge will consider a variety of things in reaching a decision, yes it clearly shows intent, but it will not absolve the clubs of all responsibility. Just saying.
H
Hrt Offroad
Active member
Judging by this and the rest of your responses in this thread - it sounds as though you would do the very same thing as this Douche? There aren't a lot of facts to understand that this guy is a money grubbing SOB. I understand that he has had life changing injuries etc...but who forced him and his son to be there that day? Did someone put a gun to his head and tell him to hang out in an avy run out? He should be grateful that he and is son are alive and were most likely rescued by other sledders and possibly the very people he is now suing!! DOUCHE BAG!!!
It is, it really happened. You should see his face.
True, but if folks never won a lawsuit because of their own stupidity, McDonalds wouldn't have to put a "Careful, contents are hot!" disclaimer on their coffee lids.
Off topic but read the details on that McDonalds coffee spill. They should have been sued. The plaintiff in that case asked for tf medical damages only originally, half of which would go back to medicaid to repay them. McDonalds had several other people suffer burns as well and served their coffee at 170 degrees when industry standard was 120.
Back to topic. When you attend an event as a spectator you generally assume there are no risks. You go to a car race, you expect to not be ran over. You go to a monster truck rally and expect to no have a truck in the stands.
Sorry but this guy has a valid claim.
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Are you saying people NEED to be told to move, and can't make that decision for themselves?
Education tells us to not put ourselves into these situations, do not park in a slide path. So you don't see the action...it's certainly better than what could (and did) happen.
Do we need everything about our riding regulated? Or are we able to make our own choices, whether good or bad, and take personal responsibility for those choices? MANY folks CHOSE to not go there that day. They took the time to mitigate the risks, and made a decision that it wasn't worth the risk. They took responsibility for their own safety and well being by making an educated choice to stay away from a high avalanche danger area.
Just trying to have an objective point of view. I get on this site and follow some of the threads in the Avi section and time and time again fellow Sledders are bringing up incidents where some other guy has put there life at risk for doing something stupid like blazing by you when you are stuck on a slope, stuff like that.
There is a vid of this happening. I ask you this, if the guy that blows by you on a slope and causes a Avi he dies but you survive, but you are now a paraplegic cause of this persons actions, would you not take legal action? Sorry but the person that triggered the Avi, he hurt alot of people with his actions.
Not the exact same as this but we dont know all the details. I definatly dont agree with this if he was an experienced sledder that should of known better, but I dont know exactly what happened. Not going to get on a forum and call this person down when I dont know all the facts.
For all the haters on this site, stop attacking people cause you dont agree with there point of view.
There is a vid of this happening. I ask you this, if the guy that blows by you on a slope and causes a Avi he dies but you survive, but you are now a paraplegic cause of this persons actions, would you not take legal action? Sorry but the person that triggered the Avi, he hurt alot of people with his actions.
Not the exact same as this but we dont know all the details. I definatly dont agree with this if he was an experienced sledder that should of known better, but I dont know exactly what happened. Not going to get on a forum and call this person down when I dont know all the facts.
For all the haters on this site, stop attacking people cause you dont agree with there point of view.
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snowmobiler
Well-known member
making me a list of sue happy sledders on here that i cant afford to ride with.
J
jsandgren10
Well-known member
The problem with this guy is he is not helping this sport at all. It was a tragic "accident" nothing more and nothing less. That is the reason I carry insurance in the event I need to use it. No one likes to take responsibility for themselves. It was his choice to go out that day when there were avalanche warnings with his son of all things. He should be charged with child endangerment its no different than what he is trying to sue for. After big storms I always watch avalanche conditions and decide if its safe to ride.
Its not like he told his buddies hey check this out Im going to climb this mountain purposely make it slide kill my self and that poor sob eating his lunch down over there is going to be buried and injured. No obviously not. I dont see how anyone could think he or his family is responsible. Try suing mother nature
Maybe the guy is in a tough spot right now because of injuries or what have you but theres a lot of people that refuse to take any responsibility and I also think he may be seen as negligent in this case as well.
B
BigFish BC
Well-known member
well there was allot of people there & allot of people got hurt lost sleds ect but we only have 1 guy suing i think that says it all
+ instead of going after the guy that set off the avi he wants money from everybody.pretty sure if i remeber right the guy that died did not set off the avi somebody cut above him while he was stuck at the top then the avi let go but i could be wrong +1 guy watching both freinds sad.
+ instead of going after the guy that set off the avi he wants money from everybody.pretty sure if i remeber right the guy that died did not set off the avi somebody cut above him while he was stuck at the top then the avi let go but i could be wrong +1 guy watching both freinds sad.
No sh!t, what a bunch of pissbisquits.
QUOTE James, thanks for pointing out that there were most likely several hundred people that parked in that same area where the avalanche happend. Another good point was made with that, and that is I bet not a single person told anybody that day to move from that area simply because it was the place to be to see the action.
And this makes it ok to sit in a runout while people are climbing above it??? If all your buddies want to drive home wasted one night does that make it ok for you to do it too?? Just because a bunch of ignorant folks are doing it to "see the action" doesnt make it safe. No one should need to be told not to sit below Turbo during a period of Considerable/High danger especially with several very weak layers deep in the snowpack and TONS of natural activity in the last few days/weeks. Information on the snowpack in revy is readily available, and it is up to the user to interpret the information. If you dont know how to interpret the information you are given, take a frickin class. This is not rocket science, its common sense.
A legal guy told me once
"once someone is looking at a long term disability, all bet's are off and there's no such thing as friends". Right and wrong don't have anything to do with this
The other thing that can happen is if there's an insurance policy involved the insurance company can be the one who is dealing with the lawsuit trying to recoup their losses
"once someone is looking at a long term disability, all bet's are off and there's no such thing as friends". Right and wrong don't have anything to do with this
The other thing that can happen is if there's an insurance policy involved the insurance company can be the one who is dealing with the lawsuit trying to recoup their losses
But the difference here is it was held on public land after the event was over. This wasn't part of the event if I have the facts straight. They were on public land sitting in a dangerous place at their own risk.
I attacked you because you red repped me instead of being a big boy and using your words. I will argue with someone who has a view outside of my own. This thread is here for discussion and thats exactly what I'm doing is presenting a point like everyone else here.
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