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***IMPORTANT*** SAVE OUR SPORT!!! TERRAIN PARKS MAY BE FINISHED FOREVER!!!

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Harvey
Posts: 4996 - Karma: 692
An interesting and valid discussion has recently been active on NS pertaining to terrain parks and law suits. These discussions involved a speicific court case that is currently under way in Vancouver.

Because the court case is currently active, and some content in the discussion has suggested intimidation of the plaintiff, it has been suggested to us by lawyers that the specific details be removed from the discussion.

We have been involved in many lengthy group talks about the incident, and we feel that trying to intimidate or persuade the jury could in fact have a negative outcome, from what we have been told by lawyers.

We totally encourage you to proceed in discussing law suits in respect to terrain parks in general because we feel that it is a valid concern, but there is no need to discuss the details of the case directly.

Thanks for your understanding,
Matt
Jun 25 2003 7:30PM
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dez22
Posts: 2959 - Karma: 65
wait, this kid who got hurt.....btw, how bad did he get hurt????? is gonna end terrain parks? excuseemwah, but hes not only messing with newschool skiers, but also snowboarders to. and especially the 20+ skiing/snowboarding companies who gain massive ammounts of money each year from boarding/skiing sales... if this guy does have a shot at ending terrain parks, then trust me, it will be a big fight
'pro - peagna? What the fuck is that?' - my friend looking at my Propaganda DVD (he's not to bright)

'nah im still going to ski, im just going to board when im... bored...' darryl hunt
Jun 27 2003 4:38PM
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221
Posts: 3488 - Karma: 11
that kid needs to take responsibility for his shit. hell when I walk every bone in my body cracks and pops from biffing big airs. thats part of the game. somebody needs to take their panties off.

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'He's from Quebec. They pee on the lawn.'
Jun 27 2003 5:17PM
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Diabhal
Posts: 1003 - Karma: 10
I don't know the details so you can't yell at me. But he's probably suing for lots of money. If the mountain loses it doesn't pay the money, the insurance company most likely will. Insurance companys will then either refuse to insure terrain parks or raise the rates for insuring them so much that only a few mountains(like whistler and mammoth) will still be able to afford them. The kid isn't directly suing to close down terrain parks but he will indirectly cause many if not all of them to close.
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Jun 27 2003 6:32PM
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Natedawg
Posts: 589 - Karma: 10
Diabhal is on the money about the issues that will REALLY affect terrain parks if anyone is successful in suing a ski resort. However, there is some false information going around in here about a specific case. If you want to know facts, go to The Richmond Newspaper . That is the only thing you can really count on. You can draw your own assumptions from there.

BOIOIOIOIOIOING!!!

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Jun 27 2003 7:08PM
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under_achieved
Posts: 1164 - Karma: 14
The legal system is a joke in my opinion, always has been and always will be. A friend of mine from back in my high school days dove into a lake and broke his neck on some concrete sombody had dumped in there, he sued the park and won because they had no warrning signs anywhere about shallow water or debris(or whatever you call it). but I dont understand how this kids case could come out benificial to him.
Jun 27 2003 9:27PM
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jibtastic
Posts: 4391 - Karma: 67
Idunno how it would go through tho. What would a magazine like Freeze do? They post a lot of park stuff...
And so many skiers would resort to just a lot more backcountry booters and urban..how could they take away an essential part of a professional freeriders job? I mean, a lot of the bigger park skiers would be screwed.
They couldnt go ahead and screw over millions of people, in both worlds of snowboarding and skiing, just because 1 person decided that they thought they were good enuf to go off a jump they were warned not to go off...
I think its complete bullshit and it wont go thru.
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Jun 27 2003 9:33PM
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Rogge
Posts: 5773 - Karma: 3,930
ive got three uncles that are lawyers and they said that if in a compromising situation they would use posts from a reputable site in court...what i was saying before was that lawyers will stop at nothing to win their case...and i listed reasons why...so dspin7x or whatever your name is ...fuck off and dont try to understand matters that dont concern you bitch


Mplayer09: there is a thread about u on ns.com

freeskier9001260: there always is
(Gallant)

Five-9 Productions


'You can't go steezy in tha treezy'
-Brian Class on Skiing in the Glades

When there is no grass on the field, play in the mud
-Pep Fujas


-MR
Jun 28 2003 11:05AM
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Fattwins
Posts: 253 - Karma: 10
Cases like these get settled. The Canadian courts dont allow the same type of huge lawsuits as the american courts. If resorts close parks then the ones that open them will attract more riders. What will happen is more spotters which is good. In Japan there are guys who waont let you launch if they think or know you dont have the speed. They will step in front a wave flags. Somemore paperwork might have to be signed with a wittness present who says that you really do understand what you signed. Parks are here to stay dont worry about that.
P.S. JAPAN HAS SICK POWDER. ITS NOT CALLED A 'DUCK A ROPE PARADISE' FOR NOTHING. YOU CAN RIDE FRESH LINES ALL DAY ' A WEEK or 2 AFTER A STORM. OH YES ITS THAT GOOD.
Jun 28 2003 11:34AM
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D-40
Posts: 6050 - Karma: 100
i dont even know why they are suiing, i didnt read all the posts cuz there are so many and im really tired so i probably missed it but could somebody fill me in on it
Jun 29 2003 1:25AM
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mckeeman
Posts: 2674 - Karma: 122
Well the case was settled last week and the kid won...he sued the school board and they were 15% responsible, the teachers involved 15%, and the mountain was found 70% liable...so heres the big question...How do they let illiterate kids get into highschool? on the back of the ticket it clearly states that you are responsible for your actions and the mountain waives all rights fro you to sue against...Watch everythinbg go downhill from here...no more school ski trips, and less terrain parks...way to go chump...enjoy your 5 million



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'Can we discuss this further in the privacy of my hot tub?' Mitts to some chick who shot him down outside garfs...
Jul 21 2003 10:19PM
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EastCoastPride
Posts: 11654 - Karma: 4,989
Ugh. That really blows.


Teddy
''It's good to know everything.''
SRMC
SFHNC: 340/2000
Jul 21 2003 10:21PM
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switchskier88
Posts: 2829 - Karma: 12
yeah it really does, i dont care if he's paralized the kids bein a fuckin cunt, he doesnt need nearly that much money
....................
'what the bloody fuck was that?'-Some english guy on seeing my friend do a 720

Pat
Cannon Mafia Productions
Jul 21 2003 10:49PM
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tan
Posts: 1531 - Karma: 19
this is a pressing matter


The only tent i'm pitchin tonite is... well you get where i'm goin.... OH! (Quagmire)

Frontflips are lame

Lets hear it for fat chicks!

Jul 21 2003 11:16PM
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ESB
Posts: 9274 - Karma: 10,648
I think that a lot of people don't realize how much of a danger it is for mountains to put up terrain parks. Put yourself in the place of a mountain owner... why would you want to spend a lot of money to put up jumps that crazy kids can huck themselves off of and get hurt, and then sue you for because you built it for them? Unless you're Mammoth, you're not actually going to make more money by building a nice terrain park- you're going to spend money, and you're increasing your risk of getting sued by the majority of the American public, who will do anything to get an extra dollar- or a million.

Actually, terrain parks ARE in danger of getting closed down, just because the legal situation hasn't really set down a precedent that it's your own fault if you hurt yourself. It's a shame, but its the truth. Locally, I know that several mountains in Michigan will not be building parks, or are not building as good of a park, because of insurance and legal concerns. Its fine and dandy to throw together a little 5-footer that only a complete idiot would hurt himself on... but why go to the trouble to build a solid 50 footer that five guys in your county can hit, where some 12 year old is going to kill himself?

Never mind... I dont know what I'm rambling about.

'Don't fuck with me 'cause I'm going to delete everything you ever post and have ever posted.' - Anonymous moderator
Jul 22 2003 12:43AM
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five0
Posts: 11466 - Karma: 36
you have good points..kami rambling is good
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1-800-BUTT-MONKEYS.com.net.lesbian P.O. Box 2, City Place, 47 Years in the Voluntary Pilot Firefighting Bear Safe Sun Screen Kids Please Call Now ~~capurnicus

'he's a very articulate black man'

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SRMC

-kevan
Jul 22 2003 12:49AM
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E.Normis_Johnson
Posts: 348 - Karma: 10
Was this kids name released?

Jul 22 2003 3:41AM
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jpfs.
Posts: 108 - Karma: 10
If it was someone is probaly gonna send him to the hospital again..
Jul 22 2003 7:13AM
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Mad_Trix540
Posts: 790 - Karma: 10
cant people take any responsibility for their action, i mean terrain parks clearly state that you are to use them at your own risk.


-JeFf
Jul 22 2003 9:27AM
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Lebbo
Posts: 1258 - Karma: 6
We just did negligence in Torts at Uni and not sure on the legal status over there in america/canada but over here I guess the mountain/resort would have a duty of care to a skier and therefore they have to see whether that duty was broken. It has a duty to protect against any risk that isn't 'far fetched or fanciful' maybe a warning is sufficient but it all depends on the particular facts I guess. They are thinking of bringing in legislation to stop people suieng for risks that are obvious and I reckon this (although I don't know the details) would seem to come under this sort of exclusion.

This legal stuff is going to far though, how are we meant to enjoy ourselves if we can't do anything anymore!!!
Jul 22 2003 9:51AM
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manus
Posts: 1427 - Karma: 10
what gets me is that people refuse to acknowledge that skiing is an inherantly dangerous sport. The 'you ski at your own risk' message on the ticket is there for a reason. I just think it is a shame that the legal system would find in favor of the kid. Yes it is a shame that it happened, but WTF, every time every one of us puts our skis on it can happen, we know this putting out equipment on. I wish this would not affect parks, but I know it will to some extent (little areas not putting them up and what not). I just wish that the legal system would work the way it was designed to, and not out of pity. I just don't understand how a court, which is aware that the purchase of a lift ticket constitutes waiving liability of the area, can find in favor of this kid.
Jul 22 2003 9:55AM
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Lebbo
Posts: 1258 - Karma: 6
With the waiver on the back of the ticket, sometimes simply having a waiver doesn't limit your liabiltiy. It all depends on whether the plaintiff's attention would have 'reasonably' bought to the waiver and all this other stuff. Basically there are so many contradicting cases/precedents out there that a lawyer could argue for either side of the case and a judge could give either verdict. And that case about the concrete in the lake is a classic example of where you think the park wouldn't have a duty of care but it does, its so unclear.
Jul 22 2003 10:00AM
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manus
Posts: 1427 - Karma: 10
but according to that theory, I can't be held liable for breaking a law I didn't know existed. The 'I didn't know' defense does work (I've even heard it in court when fighting a ticket, a judge telling someone that ignorance of the law was no defense), why should it in this case, and all the other similar cases. Plus, most areas have the responsibility codes posted everywhere (and yes I remember seeing them at Whistler).

Beyond that, how can you think the area, and school are liable for lack of supervision, its not like this kid was in 2nd grade. How many 11th graders do you know that do not understand/comprehend the consequences of their actions (he was in 11th grade when it happened)?

I've seen people badly hurt, and I even saw one kid die at my local area (a whole 240 vertical), and it is a shame, but people need to assume responsibility for their actions, and if its a matter of lack of supervision, was there really an expectation of supervision? I see 6 year olds skiing unsupervised all day long (in the winter), if anyone is liable for the lack of supervision, its the parents (my honest opinion - but this more relates with little kids, not with 11th graders) - if they expect supervision, they are either handicapped in some way or just dumb.

Being a ski instructor, if this happened in a lesson, then this case would be a little more valid, but from what I have read/heard of the case, that is not what happened.
Jul 22 2003 10:55AM
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five0
Posts: 11466 - Karma: 36
my school cant have ski club anymore b/c this kid snowboarded alone..he was a beginner...so he sucked ace but he went off a jump and did spleen damage...he had to have it removed....his fault...but he sued the school
~-~-~-~-~-~-~-~-~-~-

1-800-BUTT-MONKEYS.com.net.lesbian P.O. Box 2, City Place, 47 Years in the Voluntary Pilot Firefighting Bear Safe Sun Screen Kids Please Call Now ~~capurnicus

'he's a very articulate black man'

(your ad here)

SRMC

-kevan
Jul 22 2003 10:58AM
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Hedekar
Posts: 1816 - Karma: 15
I read in the Vancouver Newspaper, that the kid was awarded 2.9 Million Cdn from the school board. I read above, that he got 5Mil, is this number wrong, or did he get more money from somewhere else as well?






You should belive everything you read on the internet, it's all true.
Jul 22 2003 11:40AM
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jpfs.
Posts: 108 - Karma: 10
Europe is now the place to ski.
Jul 22 2003 2:53PM
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Shane_McWannabe
Posts: 1694 - Karma: 73
Well, no one can stop you from building the fucking hugest, most dangerous kicker in the backcountry. Parks most likely wont be affected for any big resorts, like any Intrawest resort, Vail, Breck, all that, who loses are the little resorts who cant afford to have terrain parks with jacked up insurance rates. Of course Whistler and Mammoth will have parks, they are a huge draw at both mountains, but like what was said, the little resorts that only have about 5 good enough skiers to really use the park, those places might be hit pretty hard, which really sucks. No one forces you to hit the damn jump, no one fucking tied up this kid and shot him off the jump, he chose to hit it and if he fucks himself over it's his own fault.
Jul 22 2003 9:45PM
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switchskier88
Posts: 2829 - Karma: 12
yeah but here in the ecast u cant always do that cause finding good snow and a good location away from ski patrol is hard
....................
'what the bloody fuck was that?'-Some english guy on seeing my friend do a 720

Pat
Cannon Mafia Productions
Jul 22 2003 11:01PM
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linemaverick540
Posts: 4017 - Karma: 8
same here but i do it anyway. when they tell you to tear it down, say ok and dont. chances are thesame one wont come around again

trust me, the '' things aren't actually there

member 5054
Jul 22 2003 11:05PM
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KootenayGuy
Posts: 1075 - Karma: 10
well the reason my mountain doesnt have a park is because of this shit goin on here. Maybe this will improve the system so that more ski hills can put up parks without fear of law suits. that would be neet.
----now i lay me down to sleep, blah blah blah my soul to keep, if i die before i wake ill go to hell for heavens sake
Jul 23 2003 12:31AM
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mckeeman
Posts: 2674 - Karma: 122
the way i heard it was he got 15% from the school board, 15% from the teachers union and 70% from whistler/blackcomb fro a total of 5 mil...fuckin punk...last week as i was going to bed i turned on my radio only to hear the late night discussion about the subject so i felt inclined to call from whistler to van...amazingly i got on the air and verbally abused the kid for about 3 or 4 minutes. They kept asking me questions and i kept directing the answers at his stupidity and how every kid in north america is going to hate him because he fucked up in the terrain park and then sued...its also the fact that its going to affect every terrain park in the country, wheather it be shut down or have helmets and separate passes mandatory just like the balckcomb park...anyways it felt good to rag on this little shit for being stupid and then being stupider by sueing...hey buddy, here's a big fuck you comin your way.
peace im out...




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'Can we discuss this further in the privacy of my hot tub?' Mitts to some chick who shot him down outside garfs...
Jul 23 2003 2:22AM
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mckeeman
Posts: 2674 - Karma: 122
HA that felt great...fuck you dipshit



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'Can we discuss this further in the privacy of my hot tub?' Mitts to some chick who shot him down outside garfs...
Jul 23 2003 2:23AM
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lagwagon
Posts: 2074 - Karma: 15
is that harvey dude like our group leader?
KILL ALL THE WHITE MAN!
Jul 23 2003 2:39AM
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Drail
Posts: 14012 - Karma: 10,010
yea, the north american legal system is wrong. fuck man, you know those signs at amusement parks that say 'we are not responsible for lost or stolen shit'... well, that's bullshit. they are 100% responsible for your shit while you're on their property... you just need a good enough lawyer.

and yes, europes legal system is the shit. from what i was told if you try and sue but lose than you gotta pay them money... so noone sues unless it was 'their' fault.

Darryl Hunt

'does rasin bran have rasins in it?' Ryan Sweasy (Nemoey)

'you don't have to treat me like a bitch while we're playing a game' Pauls to Cedric after Cedric kicked his ass at chess.
Jul 23 2003 2:56AM
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srwinnsuco
Posts: 2943 - Karma: 1,472
You people need to stop ripping on the kid. I doubt he went mom, dad, sue and get me lots of money so i can buy a cool wheel chair. It was his parents trying to get money to make them feel better. I think they are the bastards for thinking that if they get money everything will be ok

'Lifes not a bitch, life is a beuatiful woman'
-Aesop Rock
Jul 23 2003 3:14AM
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Mahre
Posts: 2507 - Karma: 490
i dont care about this one...my mountain has no park...they have tried a few different things to make a park, none ever work, and they go unheard of from there onward. i still would build jumps wherever i found the place to be good for building. so no terrain park rule..isnt all that bad for some of us...but shit...im moving to mammoth, and ya...that would suck...maybe us dont get affected by canada shit

'When I'm mad as fuck you get shot and to some it's bad luck, I believe you held something back for too long, it grew strong and energy got its own will, and people think that we make music still, but music is there without you or me we just minipulate for better or worse so let it situate.'
Jul 23 2003 3:38AM
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Lebbo
Posts: 1258 - Karma: 6
If this case has been decided now (don't know if there is an appeal) does that mean Harvey's msg isn't valid anymore???
Jul 23 2003 4:20AM
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PhaedeD
Posts: 11498 - Karma: 327
yo man fuck people they are fuckin stupid people fuckin hurt them selves cause they are fuckin retarded then have to blame other people because they fuckin suck fat dick or are just retarted i fuckin hate people like that, and man fuck the cops, police can fuckin suck my dick too tryin to take my chronic and shit fuckin bastards.











Go Big and Die!
Jul 23 2003 7:57PM
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