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Forums - General - Too young to be sued? Not in US of A.

Words Of Wisdom said:
thetonestarr said:

Reason: That's freaking ridiculous. That man has no grounds.

If the man can prove that the child caused the accident then he can sue the parents for negligence in their supervision of the child.

I dislike the sensationalist heading of this article. This really could just be a case of a pair of parents being too lazy to keep track of their child. For example, if someone's young child got behind the wheel of a car and hit you, wouldn't you sue the parents?


 Yes. But, problems.

 (1) His only way of proving it is to do one of two things - either have someone claim to have seen it (they'll have to prove they were there) and that someone be an "independant witness", or show videotaped evidence. Problem is, probability falls outrageously on the side that he has neither resource available.

 (2) As others have stated, negligence only applies to certain situations. This situation most likely doesn't fit that, especially since there are waivers at most ski resorts that basically make you state that you understand stuff like this will happen. These waivers only directly protect the resorts themselves and not the people you collide with, but they can also prove that the man knowingly and willingly took the risk of this boy colliding with him and injuring him.

 As I said, he has no grounds.



 SW-5120-1900-6153

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thetonestarr said:
Words Of Wisdom said:
thetonestarr said:

Reason: That's freaking ridiculous. That man has no grounds.

If the man can prove that the child caused the accident then he can sue the parents for negligence in their supervision of the child.

I dislike the sensationalist heading of this article. This really could just be a case of a pair of parents being too lazy to keep track of their child. For example, if someone's young child got behind the wheel of a car and hit you, wouldn't you sue the parents?


Yes. But, problems.

(1) His only way of proving it is to do one of two things - either have someone claim to have seen it (they'll have to prove they were there) and that someone be an "independant witness", or show videotaped evidence. Problem is, probability falls outrageously on the side that he has neither resource available.

(2) As others have stated, negligence only applies to certain situations. This situation most likely doesn't fit that, especially since there are waivers at most ski resorts that basically make you state that you understand stuff like this will happen. These waivers only directly protect the resorts themselves and not the people you collide with, but they can also prove that the man knowingly and willingly took the risk of this boy colliding with him and injuring him.

As I said, he has no grounds.


1) I didn't say proving it would be that easy however on a Ski resort I don't think finding even two witnesses would be that difficult.

2) The resort and any liability waver signed by the man in regards to the resort have nothing to do with this. It is a binding agreement between the Skier and the resort only. Consider this example: If a spectator runs up to a boxer during a boxing match and severely beats him, is the boxer unable to sue because of the waiver he signed in order to box? Of course not, it's unrelated.



That example is entirely and completely different, though. Did the boxer's waiver explain that the boxer WILL likely be attacked by a spectator? No, of course not! His waiver explained that ANOTHER boxer will be attacking him, and in the ring!

The waiver you sign at a ski resort explains that stuff like this will happen. Like I said, they only directly prove that, but I guarantee the lawyer can effectively use it as a part of the defense's case.

As for finding two witnesses, I'd agree it wouldn't be that difficult... if it'd happened fairly recently. But it's been almost a year. I highly, highly doubt anybody will remember it anymore, much less be even locatable.



 SW-5120-1900-6153

thetonestarr said:
That example is entirely and completely different, though. Did the boxer's waiver explain that the boxer WILL likely be attacked by a spectator? No, of course not! His waiver explained that ANOTHER boxer will be attacking him, and in the ring!

The waiver you sign at a ski resort explains that stuff like this will happen. Like I said, they only directly prove that, but I guarantee the lawyer can effectively use it as a part of the defense's case.

As for finding two witnesses, I'd agree it wouldn't be that difficult... if it'd happened fairly recently. But it's been almost a year. I highly, highly doubt anybody will remember it anymore, much less be even locatable.


The example is entirely relevant because it only covers liability on the part of the boxer.  An agreement between two parties is not enforceable upon a third party. 

The contract (waiver) between the resort and individual is irrelevant.  It would only be relevant if the man decided to attempt to sue the resort for some bizarre reason and this isn't the case here.

Words Of Wisdom said:
thetonestarr said:
That example is entirely and completely different, though. Did the boxer's waiver explain that the boxer WILL likely be attacked by a spectator? No, of course not! His waiver explained that ANOTHER boxer will be attacking him, and in the ring!

The waiver you sign at a ski resort explains that stuff like this will happen. Like I said, they only directly prove that, but I guarantee the lawyer can effectively use it as a part of the defense's case.

As for finding two witnesses, I'd agree it wouldn't be that difficult... if it'd happened fairly recently. But it's been almost a year. I highly, highly doubt anybody will remember it anymore, much less be even locatable.
The example is entirely relevant because it only covers liability on the part of the boxer.  An agreement between two parties is not enforceable upon a third party. 

The contract (waiver) between the resort and individual is irrelevant.  It would only be relevant if the man decided to attempt to sue the resort for some bizarre reason and this isn't the case here.
I think he's complaining that your example (spectator gets into the ring and injures boxer) is much less forseeable than the actual incident (two novice skiers sharing a course collide). 

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