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(Des Moines Register) Stupid Not news: Mother signs liability waiver mandated by state so her daughter can attend baseball game. News: girl gets hit in head by bat. Fark: State Supreme Court rules the city has to pay damages in spite of waiver   (desmoinesregister.com) divider line 116
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116 Comments   (+0 »)


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SilentStrider [TotalFark] 2009-03-15 01:09:02 AM  
Dear State Supreme Court,

pics.livejournal.com

 
TheBitterest [TotalFark] 2009-03-15 01:14:52 AM  
I'd sue the mother for letting her daughter out of the womb where she'd be exposed to things that would put her in harm's way.

 
neapoi 2009-03-15 01:16:02 AM  
SilentStrider: Dear State Supreme Court,

Those slippers look comfy.

 
dahmers love zombie [TotalFark] 2009-03-15 01:26:56 AM  
Not News: Courts sometimes rule that waivers don't immunize a party from liability.

/the more you know
//swooshy .jpg

 
Vanetia [TotalFark] 2009-03-15 02:26:28 AM  
dahmers love zombie: Not News: Courts sometimes rule that waivers don't immunize a party from liability.

/the more you know
//swooshy .jpg


Seriously. Duh. Just because a piece of paper says "You can't sue us if your arms and legs become detached from your body due to use of our machine" doesn't mean it'll hold water in court.

Although I don't see why they felt the need to sue over a bat to the noggin. I think many kids have had the same experience and maanged to get through life just fine without bilking their city out of its money.

 
Scutter 2009-03-15 02:26:47 AM  
neapoi: SilentStrider: Dear State Supreme Court,

Those slippers look comfy.


I feel bad for the lions who were beheaded to make those slippers.

 
Burn_Atlanta 2009-03-15 02:29:35 AM  
Again, proof the English language doesn't mean the same for lawyers as it does for normal people.

 
Dreadskull 2009-03-15 02:31:16 AM  
So... I'm getting the impression Iowa sucks.

 
Cyno01 [TotalFark] 2009-03-15 02:31:45 AM  
Vanetia: Seriously. Duh. Just because a piece of paper says "You can't sue us if your arms and legs become detached from your body due to use of our machine" doesn't mean it'll hold water in court.
This.

I've heard that a liability waiver is mostly just a piece of paper that makes you think you cant sue.

 
Neuffy 2009-03-15 02:32:09 AM  
Waivers are frequently unenforcable. Have been for quite some time, and should remain so.

 
jackiepaper 2009-03-15 02:32:10 AM  
any first year law student could tell you most waiver forms aren't completely enforceable. "take it or leave it" type contracts are looked at with great scrutiny and often found to be invalid.

 
Sgt Otter [TotalFark] 2009-03-15 02:32:25 AM  
Vanetia: dahmers love zombie: Not News: Courts sometimes rule that waivers don't immunize a party from liability.

/the more you know
//swooshy .jpg

Seriously. Duh. Just because a piece of paper says "You can't sue us if your arms and legs become detached from your body due to use of our machine" doesn't mean it'll hold water in court.


True, although getting hit by a foul ball or a loose bat seems to be a reasonable risk to expect at a baseball game. My cousin nearly got creamed in the face by a Kent Hrbek foul ball as a kid. He was just able to get his hand up in time so that he just sprained his finger.

He and his father was so excited about snagging a foul ball and the accompanying story that suing never even dawned on them.

 
zamboni 2009-03-15 02:32:41 AM  
i93.photobucket.com

 
cuzsis 2009-03-15 02:34:07 AM  
Neuffy: Waivers are frequently unenforcable. Have been for quite some time, and should remain so.

Yes, especially in this case when you were mandated to sign it!

I mean, being forced to agree to not suing someone if they injure your kill you through their own incompetence. How illegal is that?!

 
Barnacles! [TotalFark] 2009-03-15 02:35:17 AM  
img173.imageshack.us

 
beantowndog [TotalFark] 2009-03-15 02:35:25 AM  
I've been to probably 400 major and minor league games and there are certain parts of the park I won't sit in again for this reason. When you sit along the baselines in the front rows you have to watch every pitch for your own good.

 
veale728 [TotalFark] 2009-03-15 02:37:31 AM  
cuzsis: Yes, especially in this case when you were mandated to sign it!

I mean, being forced to agree to not suing someone if they injure your kill you through their own incompetence. How illegal is that?!


2/10

 
Neuffy 2009-03-15 02:38:54 AM  
cuzsis:
Yes, especially in this case when you were mandated to sign it!

I mean, being forced to agree to not suing someone if they injure your kill you through their own incompetence. How illegal is that?!

Take a look at ski resort waivers. Every ticket I've ever seen has a "waiver" on the back, and renting equipment requires signing a waiver. Still, if the resort is negligent (eg. doesn't close dangerous trails, fails to perform avalanche control, keeps the mountain open when visibility drops to zero in -40C etc) the waivers are never valid.

 
Nocens 2009-03-15 02:40:08 AM  
Nothing new...

Kids > law.

 
Shocktopus 2009-03-15 02:40:10 AM  
Neuffy:

farm4.static.flickr.com
Waivers are frequently unenforcable. Have been for quite some time, and should remain so.

 
Red Beard 2009-03-15 02:42:06 AM  
photos.smugmug.com

 
Neuffy 2009-03-15 02:42:38 AM  
Shocktopus:

It's like contract law. You can't sign away your rights. A contract making you a slave is unenforcable. A contract giving away your right to legal protections is unenforcable.

All this is before it is even considered that informed consent may or may not have been obtained.

 
um_what 2009-03-15 02:45:12 AM  
Dreadskull So... I'm getting the impression Iowa sucks.

meh, sometimes it does, sometimes it doesn't.

 
UnoriginalAndrew 2009-03-15 02:49:35 AM  
I'm glad my lawyer/law school brethren stepped in here. I knew it would happen soon in the thread.

However, I would like to impart upon Farkers a little tidbit of useful legal knowledge. When you take shirt to the dry cleaner, or leave a coat at a coat check, or park your car in a lot...and the ticket says that they aren't liable for damages caused to your property? Yeah that's not true. They are. They put that in to deter people from suing/collecting what they rightfully owe.

I know many of you might've known that, but if one person doesn't and is glad to know that, I'll be happy.

 
thereadlines [TotalFark] 2009-03-15 02:52:53 AM  
Ugh. This is why I dislike going to local baseball games. Drinking beer and talking with friends in the stands is fun, but every now and then there's a crack of the bat, one or more missiles go flying, and I'm never really paying attention. There's no netting for the cheap seats. It makes me feel like I'm in a warzone.

 
joelybarger 2009-03-15 02:59:59 AM  
UnoriginalAndrew: I'm glad my lawyer/law school brethren stepped in here. I knew it would happen soon in the thread.

However, I would like to impart upon Farkers a little tidbit of useful legal knowledge. When you take shirt to the dry cleaner, or leave a coat at a coat check, or park your car in a lot...and the ticket says that they aren't liable for damages caused to your property? Yeah that's not true. They are. They put that in to deter people from suing/collecting what they rightfully owe.

I know many of you might've known that, but if one person doesn't and is glad to know that, I'll be happy.


I actually did NOT know that. Thank You.

 
eggrolls [TotalFark] 2009-03-15 03:00:41 AM  
judge who said his fellow justices have "taken a mighty swing ... and missed by a mile."

"There is no joy on this day around Iowa's ballparks."


Maybe if the dissenting judge spent more time sounding like a farking judge and less time writing up an opinion peppered with clever baseball puns, he might be more persuasive with his fellow justices.

 
Rohasman 2009-03-15 03:04:06 AM  
beantowndog: I've been to probably 400 major and minor league games and there are certain parts of the park I won't sit in again for this reason. When you sit along the baselines in the front rows you have to watch every pitch for your own good.

This is the only way watching baseball is acceptable. It's just too boring otherwise.

/play or GTFO in my very humble opinion.

 
mavrickatubc 2009-03-15 03:06:44 AM  
joelybarger: UnoriginalAndrew: I'm glad my lawyer/law school brethren stepped in here. I knew it would happen soon in the thread.

However, I would like to impart upon Farkers a little tidbit of useful legal knowledge. When you take shirt to the dry cleaner, or leave a coat at a coat check, or park your car in a lot...and the ticket says that they aren't liable for damages caused to your property? Yeah that's not true. They are. They put that in to deter people from suing/collecting what they rightfully owe.

I know many of you might've known that, but if one person doesn't and is glad to know that, I'll be happy.

I actually did NOT know that. Thank You.


a) depends on the jurisdiction; and
b) it's not automatic either way.

But you're right in that it's not a supreme sheild or anything of that matter. It's just often one of many relevant factors.

 
SoxSweepAgain 2009-03-15 03:17:04 AM  
Burn_Atlanta: Again, proof the English language doesn't mean the same for lawyers as it does for normal people.

When a waiver I sign says "This is dangerous" I agree. I take the risk.

If I get hit on the head by a baseball at a farking baseball game, I accept the risk.

/Same goes for bats, seeing as they're made to hit said "baseballs".

 
theoriginalslash 2009-03-15 03:18:02 AM  
You can't sign away your right to sue with a one-page piece of paper. I know this, and I'm not a lawyer.

 
joelybarger 2009-03-15 03:18:31 AM  
mavrickatubc: joelybarger: UnoriginalAndrew: I'm glad my lawyer/law school brethren stepped in here. I knew it would happen soon in the thread.

However, I would like to impart upon Farkers a little tidbit of useful legal knowledge. When you take shirt to the dry cleaner, or leave a coat at a coat check, or park your car in a lot...and the ticket says that they aren't liable for damages caused to your property? Yeah that's not true. They are. They put that in to deter people from suing/collecting what they rightfully owe.

I know many of you might've known that, but if one person doesn't and is glad to know that, I'll be happy.

I actually did NOT know that. Thank You.

a) depends on the jurisdiction; and
b) it's not automatic either way.

But you're right in that it's not a supreme sheild or anything of that matter. It's just often one of many relevant factors.


Not that I don't understand the reasoning behind the use of these waivers. Basically they're saying accept responsibility for the inherent risk, or don't participate. Seems absolutely reasonable to me.

 
ScottRiqui [TotalFark] 2009-03-15 03:19:10 AM  
joelybarger: UnoriginalAndrew: I'm glad my lawyer/law school brethren stepped in here. I knew it would happen soon in the thread.

However, I would like to impart upon Farkers a little tidbit of useful legal knowledge. When you take shirt to the dry cleaner, or leave a coat at a coat check, or park your car in a lot...and the ticket says that they aren't liable for damages caused to your property? Yeah that's not true. They are. They put that in to deter people from suing/collecting what they rightfully owe.

I know many of you might've known that, but if one person doesn't and is glad to know that, I'll be happy.

I actually did NOT know that. Thank You.


Likewise with the signs on the backs of gravel trucks that say "Not Responsible for Broken Windshields". They have a responsibility to properly secure their loads, no matter what their sign says.

Also, you're not legally obligated to stop at the exit of Wal-Mart, Fry's, etcetera and let them compare the contents of your shopping cart to your receipt, even though there's usually a sign in the store saying that they have the right to search your bags. If you refuse, all they can do without evidence that you're shoplifting is ask you to leave, which is generally what you were trying to do in the first place.

 
joelybarger 2009-03-15 03:19:57 AM  
And SoxSweepAgain beat me to it...

/Thanks. I know I'm not the only one.

 
Malicoire_ 2009-03-15 03:23:21 AM  
Good arguement there, Judge.

Because everyone knows that by walking across a street at a crosswalk with the signal you run the risk of being run over by a drunk driver. Surely we can't hold them responsible when the person in question knew that might happen.

There are solutions to the problem, it would cost money to do so, though. A pro sports field should be responsible for the safety of the paying audience.

 
Failing_Junk [TotalFark] 2009-03-15 03:28:16 AM  
This seems to be what insurance was made for, not wavers. Increase the prices of the tickets a bit and give the pile of money to injured morons to get them to go away. Everybody wins loses.

 
Vertdang 2009-03-15 03:29:56 AM  
Barnacles!

Awesome. Yours?

 
sir.steve.h 2009-03-15 03:34:20 AM  
TFA:Friday's decision moves the case back to Scott County court. Neither Cynthia Sweeney nor her attorney could be immediately reached for comment.

No one's paying damages yet. The lawsuit is just being permitted to move forward; it's not necessarily a good decision, but it's still just a decision that a decision should be made, rather than having the lawsuit thrown out.

 
My Third Testicle 2009-03-15 03:43:55 AM  
Adults can waive their rights for foreseeable consequences. You show up for a knife fight and the other guy has a gun. . . you probably haven't waived your right to collect for being shot.
Doesn't matter though, generally you can't waive someone else's rights and kids can't contract. A kid can't make an enforceable contract and mom can't make an enforceable contract on behalf of the kid.

Didn't you use that to get out of your Columbia House contract in high school?

Not sure how that works with child actors.

 
farkin_Gary [TotalFark] 2009-03-15 03:45:59 AM  
HE - MAY - GO - ALL - THE - WAY!


Oh, wrong game... Never mind.

 
Mikeyworld 2009-03-15 03:52:35 AM  
Simple rule: high up behind home plate... Ya ain't gonna get hit, and you can watch the kids run all thru the park (Under the grandstand was escort required). Mine grew up on Tacoma Tigers (Now Rainiers). Good times.

 
rustylite 2009-03-15 03:53:40 AM  
If Baseball bars kids from games because of a retarded judge
then this game will die a fast and cruel death.

 
hardinparamedic [TotalFark] 2009-03-15 03:54:52 AM  
NEWSFLASH
The majority of wavers and legal liability disclaimers are unenforcable, and used as a social engineering tactic to make gullable and undereducated victims feel like they have no legal recourse, when in reality any negligent or preventable action that causes harm to the plantiff is the responsability of the entity producing the waver.

 
Somaticasual [TotalFark] 2009-03-15 03:57:36 AM  
Failing_Junk: This seems to be what insurance was made for, not wavers. Increase the prices of the tickets a bit and give the pile of money to injured morons to get them to go away. Everybody wins loses.

But at least everyone loses equally.
God bless the american dream.

 
rustylite 2009-03-15 04:01:02 AM  
Failing_Junk, what the heck is a waver?

 
Robert1966 [TotalFark] 2009-03-15 04:04:40 AM  
If there is one way in which this thread has failed miserably, it is in helping people learn how to spell "waiver".

 
Vio 2009-03-15 04:06:07 AM  
so..... what kind of injuries did the girl get? If she is now mentally retarded or brain damaged I see the point in the lawsuit...if it was just a bump and a bruise then wtf?

 
Silverkarn 2009-03-15 04:16:47 AM  
ScottRiqui: joelybarger: UnoriginalAndrew: I'm glad my lawyer/law school brethren stepped in here. I knew it would happen soon in the thread.

However, I would like to impart upon Farkers a little tidbit of useful legal knowledge. When you take shirt to the dry cleaner, or leave a coat at a coat check, or park your car in a lot...and the ticket says that they aren't liable for damages caused to your property? Yeah that's not true. They are. They put that in to deter people from suing/collecting what they rightfully owe.

I know many of you might've known that, but if one person doesn't and is glad to know that, I'll be happy.

I actually did NOT know that. Thank You.

Likewise with the signs on the backs of gravel trucks that say "Not Responsible for Broken Windshields". They have a responsibility to properly secure their loads, no matter what their sign says.

Also, you're not legally obligated to stop at the exit of Wal-Mart, Fry's, etcetera and let them compare the contents of your shopping cart to your receipt, even though there's usually a sign in the store saying that they have the right to search your bags. If you refuse, all they can do without evidence that you're shoplifting is ask you to leave, which is generally what you were trying to do in the first place.


You are obligated to stop at Sams Club to let them look through your bags/cart since it is in the contract you sign when you apply for the membership. You COULD refuse, but then they'll cancel your membership and you cant buy anything there anymore.

 
Malicoire_ 2009-03-15 04:20:59 AM  
Vio: so..... what kind of injuries did the girl get? If she is now mentally retarded or brain damaged I see the point in the lawsuit...if it was just a bump and a bruise then wtf?

Well, should she develop an acute fear of balls and long cylindrical object coming at her face, it will certainly impact her chances of finding a husband.

Maybe that's where lesbians come from.

 
joelybarger 2009-03-15 04:24:57 AM  
Malicoire_: Vio: so..... what kind of injuries did the girl get? If she is now mentally retarded or brain damaged I see the point in the lawsuit...if it was just a bump and a bruise then wtf?

Well, should she develop an acute fear of balls and long cylindrical object coming at her face, it will certainly impact her chances of finding a husband.

Maybe that's where lesbians come from.


Maybe you're on to something...

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