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(CBC)   Signing a waiver, lying about your age, consuming an energy drink, taking a snowboard for a trial run, attempting a stunt and breaking your neck is somehow it is the fault of the board manufacturer and the ski hill   (cbc.ca) divider line 67
    More: Dumbass, Ski Wentworth, Wentworth Ski Resort, energy drinks  
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8716 clicks; posted to Main » on 30 Aug 2013 at 7:57 PM (51 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-08-30 07:18:26 PM
"A-And...and...and th-that was when that hill JUMPED at me, your honour! And broke my neck! I want $10 million..." *SOB*
 
2013-08-30 07:35:11 PM
Did they check his fake ID too?
 
2013-08-30 07:52:06 PM
The defendants argued for a summary judgment, claiming there wasn't enough evidence to go to trial. The judge dismissed that.

All the kid won was the right to bring the issue to court.
 
2013-08-30 07:58:16 PM
Most 16 year olds can't sign a legally binding contract, like a waiver, film at 11.
 
2013-08-30 07:59:38 PM
Things have gotten so bad in Canada that kids can't even get real drugs.  They have to settle for energy drinks.
 
2013-08-30 07:59:41 PM
It's Canada. If he gets anything, it'll be $25,000 or so, plus a ticket to the US.
 
2013-08-30 08:00:04 PM
You're liable if some dumb kid gets drunk in your establishment with a fake ID too.

Sucks but them's the rules.
 
2013-08-30 08:01:04 PM
Excellent, another annoying snowboarding kid out of the mix.

/you kids get out of my flow
 
2013-08-30 08:01:08 PM
www.kyb.co.jp

He has an advantage now, he's already in a wheelchair.
 
2013-08-30 08:01:22 PM
Well, don't look at me - I didn't TXT him while he was on the hill.
 
2013-08-30 08:02:19 PM

haemaker: Most 16 year olds can't sign a legally binding contract, like a waiver, film at 11.


whocaresreviews.files.wordpress.com

On the case.
 
2013-08-30 08:05:13 PM
this all boils down to one thing really is the waiver he signed legally binding as he lied about his age  and is the fact he lied about his age give Burton and the resort  a legal out to avoid paying damages.


I feel sorry for the kid being paralyzed but those are the legal issues as i see them.

/not a lawyer and did not sleep at a Holiday Inn express last night.
 
2013-08-30 08:05:38 PM
Tough cases make bad law.
 
2013-08-30 08:07:09 PM

haemaker: Most 16 year olds can't sign a legally binding contract, like a waiver, film at 11.


I think this is actually somewhat irrelevant, given that he knowingly lied about his age.

Of course, given that it's Canada, not the USA and I'm a lawyer in neither country I can't really say.

What I can say is that boilerplate waivers aren't actually worth all that much when it comes to preventing a lawsuit, or even liability.

I think that it's possible that he'll win, with the court arguing that somebody(whether the board makers because they held the event or the ski park) should have been holding some sort of safety briefing for what are probably new boarders.
 
2013-08-30 08:09:48 PM
Kind of stupid to have a waiver if you aren't even going to check and see if the person signing it is of age.
 
2013-08-30 08:10:29 PM
Strangle the crippled moron in his hospital bed.

Done in one.
 
2013-08-30 08:10:36 PM

Firethorn: I think that it's possible that he'll win, with the court arguing that somebody(whether the board makers because they held the event or the ski park) should have been holding some sort of safety briefing for what are probably new boarders.


There was no sign warning people landing on your head could lead to injury, so no one could be expected to know.
 
2013-08-30 08:13:35 PM

Valiente: Strangle the crippled moron in his hospital bed.

Done in one.


You can't "done in one" your own comment, especially when it's 17 doen
 
2013-08-30 08:19:09 PM

Dow Jones and the Temple of Doom: Valiente: Strangle the crippled moron in his hospital bed.

Done in one.

You can't "done in one" your own comment, especially when it's 17 doen


Yeah; you can't one and done your own comment. You can make a reference and then explain said reference in your slashies; adding the phrase FTW.

/ - 1,000,000 interwebs
 
2013-08-30 08:20:06 PM
Drinking an energy drink? Who the fark cares? It's like mentioning someone had a cup of coffee before going on a shooting spree.
 
2013-08-30 08:20:46 PM

Rapmaster2000: Things have gotten so bad in Canada that kids can't even get real drugs.  They have to settle for energy drinks.


Charles De Mar: Greendale is a bodaciously small town, Lane. A fly speck on the map - a rest stop on the way to the ski slope. I can't even get real drugs here!
[holds up a bottle of whipped cream]
 
2013-08-30 08:21:05 PM
Signing a waiver, lying about your age, consuming an energy drink, taking a snowboard for a trial run, attempting a stunt and breaking your neck is somehow it is the fault of the board manufacturer and the ski hill

Duh. It was the fault of the energy drink company.
 
2013-08-30 08:23:11 PM
And the energy drink maker gets away with it? I thought this was America!
 
2013-08-30 08:23:32 PM
This is why we can't have nice things.
 
2013-08-30 08:23:34 PM

Occam's Disposable Razor: Drinking an energy drink? Who the fark cares? It's like mentioning someone had a cup of coffee before going on a shooting spree.


Energy drinks tend to go hand in hand with bad decisions
 
2013-08-30 08:24:42 PM
Also, I like the Chalet Suisse cause it's never touched a frying pan.
 
2013-08-30 08:28:03 PM
I'm surprised resorts even have terrain parks.  When I was a teen we'd just seek out natural mountain features to jump off, so if we hit something dangerous it's because we went out of our way to find it and use it.  Terrain parks almost seem like the resort is asking for trouble.
 
2013-08-30 08:36:26 PM

Abox: I'm surprised resorts even have terrain parks.  When I was a teen we'd just seek out natural mountain features to jump off, so if we hit something dangerous it's because we went out of our way to find it and use it.  Terrain parks almost seem like the resort is asking for trouble.


This, and the same holds true for skateparks with street sections. It's called street for a reason, dumbass.
 
2013-08-30 08:36:46 PM
Wanna have fun and assume no risk?
Sue.
 
2013-08-30 08:37:12 PM
Yea so if the plaintiff can show negligence on behalf of the ski hill and board company, he gets a few bucks.

The ski hill and board company will state that the plaintiff did a stunt on his own accord and win the case.

Signing a waiver is pretty well saying that unless negligence is shown from the proprietor, if you kill or injure yourself, its not their fault.

A minor signing a waiver without parental or guardian approval/presence is a whole other issue. Unless of course the waiver has that bit about being 18 years of age to be able to sign the waiver and dumbass never read it, like the proprietors told him too before signing.

/5 f*cking years ago. Man, the Canadian court system sucks when it isn't funded.
//You can get all sorts of criminal charges thrown out for delay of due process, providing you know about the backlog and the case taking 3 years to get in front of the Judge.
 
2013-08-30 08:39:14 PM
I want him to lose for many reasons... but partially because his name is farking "Coady"
 
2013-08-30 08:42:08 PM

Occam's Disposable Razor: Drinking an energy drink? Who the fark cares? It's like mentioning someone had a cup of coffee before going on a shooting spree.


Yes but the public  MUST KNOW that some type of substance was consumed prior to partaking in a stunt like this.

/the best part of shooting everything up....is Folgers in your cup.
 
WGJ
2013-08-30 08:46:02 PM
I like how they always sue saying that somebody failed to warn them about something.

Dear World,
Life can be dangerous and bad things can happen if you do anything.

There, I said it. You all have been warned.
 
2013-08-30 08:51:50 PM
One thing I learned attending law school in Colorado is it's nearly impossible to successfully sue a ski resort there. I guess we'll see how things go in Nova Scotia.
 
2013-08-30 08:53:57 PM
Heh, no matter the money he gets, since we're not at 'cyborg replacement body' yet, it won't matter.  He'll have to live with his dumb-ass decision for the rest of his life.
 
2013-08-30 08:57:44 PM

sheep snorter: /5 f*cking years ago. Man, the Canadian court system sucks when it isn't funded.
//You can get all sorts of criminal charges thrown out for delay of due process, providing you know about the backlog and the case taking 3 years to get in front of the Judge.


Shut your pie-hole, hoser. Don't be giving the GOP any ideas... ;^)
 
2013-08-30 09:03:04 PM
If they did not verify his age then I can see Burton being at fault, partially.  If the kid lied about his age then he should bear nearly all of the fault.  As for suing the ski hill, was this his first time there?  If not then how did he now know about the terrain park?  Also, every terrain park I have ever seen has plenty of space for people to go around the "terrain."
 
2013-08-30 09:07:09 PM
3. Profit
 
2013-08-30 09:09:10 PM
"Watch this, hold my Redbull"
 
2013-08-30 09:11:25 PM
Simple.

Settle with the kid, then sue the kid's parents for the damages their kid's fraud caused their business.
 
2013-08-30 09:36:42 PM
shiat happens.
It's not always someone else's fault.
Story at 11.
 
2013-08-30 09:40:26 PM

Mock26: Also, every terrain park I have ever seen has plenty of space for people to go around the "terrain."


It says he was injured attempting a 'trick', so I'm going to go with he most likely aimed deliberately at something.
 
2013-08-30 09:47:39 PM

Mock26: Also, every terrain park I have ever seen has plenty of space for people to go around the "terrain."


That's by design.  I work in a park in PA, and trust me when I say that for purely selfish reasons we have no desire to have to schlep you off the hill or call "the sled of shame".
 
2013-08-30 10:16:20 PM

vartian: The defendants argued for a summary judgment, claiming there wasn't enough evidence to go to trial. The judge dismissed that.

All the kid won was the right to bring the issue to court.


This.

Somaticasual: Subby, he's getting a CHANCE to sue. There's nothing in that action that says he'll get a cent, either.


And this too.

The question before the jury will be: Does this poor, paralyzed child, who had no idea what he was signing, who merely wanted to experience the thrill of a lifetime and who is now confined through no fault of his own in the cold uncaring embrace of a wheelchair, never again to frolick and play on the snowy slopes of a ski resort, bear even the slightest iota of responsibility for his cruel fate; or should the heartless snowboard company with their tricky lawyers and densely written "certificate of waiver" which nowhere mentions the potential risk of falling on one's head and becoming paralyzed for LIFE, ladies and gentlemen, who never even bothered to mention to this poor, naive child, that he might be taking his life into his own hands, shouldn't THEY be required to acknowledge that the fault is theirs, when merely checking his ID to confirm that he was much much too young to be snowboarding alone in the icy wastes of Canadia? Don't they bear an inkling of responsibility for this sad youth, trapped for eternity in his broken body, unable to move again? Can you let them escape because this innocent boy technically took on a burden he was legally unable to bear? Will your conscience allow you to do that?
 
2013-08-30 10:29:39 PM

The Beatings Will Continue Until Morale Improves: And the energy drink maker gets away with it? I thought this was America!


It is but not the United States thereof.
 
2013-08-30 10:30:43 PM

Gyrfalcon: vartian: The defendants argued for a summary judgment, claiming there wasn't enough evidence to go to trial. The judge dismissed that.

All the kid won was the right to bring the issue to court.

This.Somaticasual: Subby, he's getting a CHANCE to sue. There's nothing in that action that says he'll get a cent, either.

And this too.

The question before the jury will be: Does this poor, paralyzed child, who had no idea what he was signing, who merely wanted to experience the thrill of a lifetime and who is now confined through no fault of his own in the cold uncaring embrace of a wheelchair, never again to frolick and play on the snowy slopes of a ski resort, bear even the slightest iota of responsibility for his cruel fate; or should the heartless snowboard company with their tricky lawyers and densely written "certificate of waiver" which nowhere mentions the potential risk of falling on one's head and becoming paralyzed for LIFE, ladies and gentlemen, who never even bothered to mention to this poor, naive child, that he might be taking his life into his own hands, shouldn't THEY be required to acknowledge that the fault is theirs, when merely checking his ID to confirm that he was much much too young to be snowboarding alone in the icy wastes of Canadia? Don't they bear an inkling of responsibility for this sad youth, trapped for eternity in his broken body, unable to move again? Can you let them escape because this innocent boy technically took on a burden he was legally unable to bear? Will your conscience allow you to do that?


I think you're forgetting the part of the trial where the crowd goes wild and the organ starts playing and everyone holds up their signs..
fromthesidelinenews.files.wordpress.com
 
2013-08-30 10:45:25 PM

The Beatings Will Continue Until Morale Improves: Gyrfalcon: vartian: The defendants argued for a summary judgment, claiming there wasn't enough evidence to go to trial. The judge dismissed that.

All the kid won was the right to bring the issue to court.

This.Somaticasual: Subby, he's getting a CHANCE to sue. There's nothing in that action that says he'll get a cent, either.

And this too.

The question before the jury will be: Does this poor, paralyzed child, who had no idea what he was signing, who merely wanted to experience the thrill of a lifetime and who is now confined through no fault of his own in the cold uncaring embrace of a wheelchair, never again to frolick and play on the snowy slopes of a ski resort, bear even the slightest iota of responsibility for his cruel fate; or should the heartless snowboard company with their tricky lawyers and densely written "certificate of waiver" which nowhere mentions the potential risk of falling on one's head and becoming paralyzed for LIFE, ladies and gentlemen, who never even bothered to mention to this poor, naive child, that he might be taking his life into his own hands, shouldn't THEY be required to acknowledge that the fault is theirs, when merely checking his ID to confirm that he was much much too young to be snowboarding alone in the icy wastes of Canadia? Don't they bear an inkling of responsibility for this sad youth, trapped for eternity in his broken body, unable to move again? Can you let them escape because this innocent boy technically took on a burden he was legally unable to bear? Will your conscience allow you to do that?

I think you're forgetting the part of the trial where the crowd goes wild and the organ starts playing and everyone holds up their signs..
[fromthesidelinenews.files.wordpress.com image 350x232]


I'm no Pocket NInja...
 
2013-08-30 10:52:52 PM
Having an accident, or say getting shot at random, and ending up paralyzed would certainly suck. Becoming paralyzed because you did something stupid would be so much worse.  Just wheeling around all day, staring at your useless junk and wondering why good made you so stupid.
 
2013-08-30 10:56:39 PM

Abox: I'm surprised resorts even have terrain parks.  When I was a teen we'd just seek out natural mountain features to jump off, so if we hit something dangerous it's because we went out of our way to find it and use it.  Terrain parks almost seem like the resort is asking for trouble.


No kidding, back when I was a lad, at our local hill, if we found anything close to a jump, it would be bulldozed flat!  Now they build 'em 30 times bigger than we even dared and no one bats an eye.

Times change and we change with them [I guess]

/my son boards
//does not like parks
///is almost as fast as me
 
2013-08-30 11:10:27 PM

Valiente: Strangle the crippled moron in his hospital bed.

Done in one.


At no time in the history of the Internet has this been true in any thread.

Stop. farking. Doing. It.
 
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