Unisyn 0 #1 March 31, 2004 There has been some recent threads that have addressed liability and the risks in skydiving. There is a push to require more [high risk] sports to carry liability insurance. Once there is an insurance company with deep pockets that people can go after law suites will follow. In gear and rigging there has been talk of riggers having customers sign waivers. We all sign waivers before we jump. Gear manufacturers change their name to reflect the lack of insurance. I.E. The Uninsured Skydiving Manufacturer I was just curious what people though about liability law suite. Bad things happen. Learn from it and move on. If you where at fault make it right. Quote Share this post Link to post Share on other sites
lawrocket 3 #2 March 31, 2004 I gave it a yes vote. Unfortunately, the changes in liability would have to be statutory. For that you need legislators sufficiently interested in limiting liability for skydiving operations. Either that or have the courts begin a broader sweep of common law assumption of risk as an absolute bar. Jurisdictions may differ on this. Still, I do not think that recklessness or intentional torts should be outlawed. It creates too much of a moral hazard the other way. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
Unisyn 0 #3 March 31, 2004 I agree with what you are saying. It seems that we americans are made to walk on egg shells. If we do anything other than lay in bed and get fat we run the risk of getting sued for the slightest thing. Is it just me or was the whole McDonalds and the hot coffee suite that opened the flood gate to law suites. I love to do sports that are not in the main stream. I'm just seeing a grim future. Rafting and kayaking companies are required to carry liability insurance to run operations on waterways in public lands. Since navigable waterways are considered public domain it pretty much includes all land even if you own property on that river. I wouldn't take but one state to pass a law requiring insurance for skydiving opperations that use public airfields. These are the same airfields that 90% of the skydiving takes place. You can see where my mind is leading. Quote Share this post Link to post Share on other sites
kallend 2,106 #4 March 31, 2004 Quote Is it just me or was the whole McDonalds and the hot coffee suite that opened the flood gate to law suites. That may not be the best example. From what I understand (all hearsay, of course) McDonalds practically asked for that one. Internal memos etc. saying to serve the coffee excessively hot to discourage customers from getting refills, etc. What really gets me is fat a$$ folks sueing restaurants for making them obese!... The only sure way to survive a canopy collision is not to have one. Quote Share this post Link to post Share on other sites
AndyMan 7 #5 March 31, 2004 McDonalds is a bad example. A close examination of that case clearly shows some unforgivable behaviour on behalf of the restaurant. In the skydiving industry, the biggest threat to manufacturers that I see, is the example set by Precision. By not defending themselves, they guaranteed a huge judgement against themself. Lawyers accross the nation are now drooling at the prospects of similarly big judgements against other manufacturers who will presumably follow their lead. "reform" of tort laws isn't even on the radar screen when companies think the law doesn't apply to them. Edit: OOPS. Confused Mirage with precision. Most humble apologies. _Am__ You put the fun in "funnel" - craichead. Quote Share this post Link to post Share on other sites
tombuch 0 #6 March 31, 2004 Quote From what I understand (all hearsay, of course) McDonalds practically asked for that one. Internal memos etc. saying to serve the coffee excessively hot to discourage customers from getting refills, etc. Check out the American Trial Lawyers report of this case. It is clearly one sided, but it is also worth looking at alternate points of view when jumping on trot reform issues. Find the abstract of the McDonalds case at http://www.atlanet.org/ConsumerMediaResources/Tier3/press_room/FACTS/frivolous/McdonaldsCoffeecase.aspx -Tom BuchananTom Buchanan Instructor Emeritus Comm Pilot MSEL,G Author: JUMP! Skydiving Made Fun and Easy Quote Share this post Link to post Share on other sites
AndyMan 7 #7 March 31, 2004 I just wanted to point out that I have edited my post, as I had erronously (and unforgivably) confused Unisyn with the owner of Precision. _Am__ You put the fun in "funnel" - craichead. Quote Share this post Link to post Share on other sites
