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Law suits, not just the US

post #1 of 25
Thread Starter 
Found this while browsing recently,

I guess the US is not the only nation that has personal responsibility issues!

The parents of a boy who was killed in a tobogganing accident last February are suing the City of Gatineau.

See link below for the story.

http://ottawa.cbc.ca/regional/servle...essard20050726
post #2 of 25
I guess there will be no more tobogganing on city property in Gatineau: : .
post #3 of 25
This one really gets me.

Dad obviously thought it was ok to let his kid toboggan there, so why is he bitching about an obvious Accident ?

Did he take the time to find out where his son was going? Did he deem is safe enough to let him slide there? I chalk this up to bad parenting.

When Ging was 11, she wanted to go sliding with the other kids at this empty lot 2 blocks from us, which was popular with the local kids. It was really steep, and dumped out onto a street. I said no. She had a hissy. Too bad. I didn't feel it was safe.

My brother hit a goalpost in the football field at the bottom of Roosevelt Junior High School's popular "sledding hill" when he was 12. I'd been there many times. It was always stuffed full of kids. My dumbass brother rolled off the sled and wrapped himself around that metal post at a pretty good speed. His friends put him on the sled and drug him home. I was 9 at the time, and Mom was working a Saturday shift. I called her and told her Al had an accident. She said she'd be home soon (shift was over in 2 hours). I fed him water all afternoon because he was thirsty.

Mom came home, took one look, and rushed him to the hospital. He ruptured his spleen and almost didn't make it. He almost died. How was I to know he was bleeding internally? (bad parenting on Mom's part, for SURE! No wonder I'm wierd)

No one sued, or thought to sue. It was an ACCIDENT.

You take your chances when your kids play. Some get hurt. Some get hurt badly. Some die. Nothing in this world is really foolproof safe, unless you're sitting in a chair, unmoving. This guys needs to learn this.
post #4 of 25
But will they win? Canadians aren't like Americans in that type of thing. They are a simpler folk, willing to play hockey with frozen turds. Snow play is taken seriously in the Great White North.
post #5 of 25
Paul - My dad tells stories (he's about 80 now) of playing hockey with 'road apples'.

When the goalie took one in the mouth, there was a 10 minute break, while he ran home to brush his teeth. Everybody would wait, he'd come back, and away they went again.

This was at 40 below, and night after night.
post #6 of 25
if my mother sued someone every time I got hurt playing, or playing sports, we would have been rich before I graduated High School.

life is tough and full of injuries. some are physical, some are mental, some are emotional, some are character-oriented.

how we handle the adversity of injury determines our character.

I don't know about you folks, but I would rather eat my own feces than blame someone else for random accidents.
post #7 of 25
Quote:
Originally Posted by gonzostrike
if
I don't know about you folks, but I would rather eat my own feces than blame someone else for random accidents.
I would have to admit that I would have a hard tim eating my own feces, I may have to blame someone else given my options here! I have heard the expression "your sh$t don't stink" but I would have to venture that it doesn't taste that good

Yes, I agree with what you are saying.
post #8 of 25
I think most would agree that the boy could not forsee the danger. Again, Dad would be the most responsible. However---in this "great society" we live in, boy (really dad on boy's behalf) doesnt sue dad---they sue the city or owner of the property.
post #9 of 25
Always regarded toboggans as accidents waiting to happen.

Grindelwald in Switzerland is bad for that. You walk along the main street and they come hurtling down towards you, in the road itself, or on the pavement. They don't care.

Evening tobogganing is a problem because many people have had a good dinner and been on the bevvy. So they loose their inhibitions and ability to control the sled.

There has to be more accidents per run from toboggans than either skiing or snowboarding - but I thought litigation was the American way ?
post #10 of 25
Quote:
Originally Posted by GregGaspar
I think most would agree that the boy could not forsee the danger.
I don't agree.

He was 12 years old, every 12 year old understands the concept that when you hit a tree at high speed it hurts. It doesn't matter whether you are on a toboggan, go-cart, bicycle or whatever - trees (and lamp posts and...) are to be avoided.
post #11 of 25
Quote:
Originally Posted by kiwiski
I don't agree.

He was 12 years old, every 12 year old understands the concept that when you hit a tree at high speed it hurts. It doesn't matter whether you are on a toboggan, go-cart, bicycle or whatever - trees (and lamp posts and...) are to be avoided.
exactly. when I was about 7 we lived in an apartment complex in Adelphi, MD and there was a mild pitch, not too steep but long enough to get up speed for sledding, where we would sled when there was enough snow. one time I was there when there was a bit of crust on top of the snow... anyway, after a few runs I decided to ride the hill a bit further down to a point where there was a brick barbecue area... got up speed, didn't like the looks of the barbecue, and crashed into a pile of snow with some of the crusty chunks there to cut up my face.

it was just part of the risk of sledding, of course.

but some people would have to blame the architect that designed the brick barbecue and set it there, the apartment complex for not making a sled-safe hill, and all the other sledders out there that day for not warning me better.

I simply do not understand that victim mindset. no matter how hard I try.
post #12 of 25
Quote:
Originally Posted by gonzostrike
I simply do not understand that victim mindset. no matter how hard I try.
Perhaps because, in this case, it's not really a "victim" mindset? It's a lottery mindset. "I'm gonna get me some of that rich insurance money..." :
post #13 of 25
I wish I could recall the exact details but I know that recently scientist proved that teenagers don't process danger or don't understand the true potential for harm. It had something to do with hormones or something like that. I will try to dig that up.
post #14 of 25
The process of natural selection shouldn't be actionable.
post #15 of 25
Quote:
Originally Posted by skidmo
The process of natural selection shouldn't be actionable.
Rewarding Stupidity.
post #16 of 25
Quote:
Originally Posted by skidmo
The process of natural selection shouldn't be actionable.
Now that's funny
post #17 of 25
Quote:
Originally Posted by Jimmy P
Paul - ...This was at 40 below, and night after night.
Degrees F or Degrees C? :
post #18 of 25
Quote:
Originally Posted by slider
Rewarding Stupidity.
Even worse (from an evolutionary viewpoint), if they win the parents might be able to afford more children.

On the bright side, the award would be in Canadian dollars.
post #19 of 25
Between the ages of 6 and 15, I would sled or ski on a hill in my neighbors orchard. Trust me, there were lots of trees. For us young, stupid, 100% way too much energy boys (the whole neighborhood) TREES were something to impart danger to our sledding adventure. Yes, we hit them. Yes they hurt. Everyone laughed and we moved on. Trying to do better next time. Never did a thought cross my mind that I or my 3 brothers would die.

Where were our parents? Inside where it was warm. Would any of them have sued our neighbor...no.

Kiwiski--if you had thoughts of dying when you were twelve and sledding on a hill with many other children your age---I feel sorry for you. While you were much more intelligent than us stupid kids, we must have been having more fun---to our peril.

Point of Law---Generally since we cover many states and now Canada. Childern under 7 are incapable of negligence. Between 7 and 13 it varies case by case. In this one (especially since others were sledding on the hill before him) I do not blame the boy, one bit.

I also don't blame the hill. I do blame the father---who ironically gets the cash. The father accepted the risk as it was. There is a VFW near my work which owns a golf course. It has a sledding hill. For over 100 years families had a blast. 3-4 years ago a boy died in a similar incident. There was a suit and now no sledding.
post #20 of 25
Meadow Mountain outside of Vail is also now closed to sledding after several suits were filed.
post #21 of 25
At Ragged Mountain at the end of the season they would cut across the hill with the snow cats making deep trenches every twenty feet or so to discourage sledders. (And protect themselves from lawsuits.)
post #22 of 25
Quote:
Originally Posted by T-Square
Degrees F or Degrees C? :
(the only time it works!)
post #23 of 25
Yeah - at that temp, doesn't matter much which way you measure it.

I did the same thing, with a ball though. Came in night after night, and cried in the kitchen as my toes thawed out. Next night, mom would tell me to dress real warm, and out I'd go.

Come to think of it, there are more days than I can count where the kids and I were some of the very few skiers on the hill. Seems when it gets below about -20 C, the crowds thin out real fast! WIMPS!
post #24 of 25
Quote:
Originally Posted by GregGaspar
Kiwiski--if you had thoughts of dying when you were twelve and sledding on a hill with many other children your age---I feel sorry for you. While you were much more intelligent than us stupid kids, we must have been having more fun---to our peril.
I never said anything about dying, I only said that they must understand that when you hit a solid object at speed it hurts, and I am absolutely positive that kids understand the concept of pain.

But yes, I agree that a life without risks would be incredibly boring and that learning to manage risks is an important part of growing up. It is unfortunate that occasionally some people pay the ultimate price for taking those risks, but, oh well...
post #25 of 25
Even President Bush's mom Barbara had a sledding accident while living in the white house. Just goes to show the apple doesn't fall too far from the tree. She should have sued the secret service for not protecting her.

I like the idea of warning stickers like this one.

"Beware: sled may develop high speed under certain snow conditions."

I am surprised they don't have a warning like this on every pair of skis and snowboard. :
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