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Ski reasorts should take note from this

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zerospinskier
Posts: 4867 - Karma: 350
A man is suing a motocross track for $10,000 because he got hurt riding there. A young rider accidentally crossed into another part of the track, and a man, Shane Simon, ran into him. Shane ended up breaking him femur.

The track owner is not a rich man. He just loves the sport and operates the public track on his land. He almost had to close the track, and I am still not sure if he will.

Now, Shane Simon is banned from all motocross tracks within a 500 mile radius of where he lives, possibly even farther as more people hear of this.

I think ski resorts should take a little note from this. Many have been sued for people hurting themselves in terrain parks. I think mountains banning these people from ever riding again is a great idea. Who is to say they aren't going to go do it again somewhere else? If people are not going to take responsibility for themselves, they shouldnt be allowed the privaledge to enjoy these facilities. They need consequences for their childish actions.

Here is the paperwork for the motocross case

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Mar 9 2010 5:25PM
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pmw
Posts: 5760 - Karma: 831
thats why terrain parks have signs explaining to riders the risk they assume when entering a terrain park
DERP
Mar 9 2010 5:26PM
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Brenone
Posts: 4944 - Karma: 296
also at most resorts you purchasing a lift ticket / season pass is the equivalent of signing a release that states you understand you are riding at your own risk etc.....

people have challenged it before but i dont think many have been succesful.
Mar 9 2010 5:30PM
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zerospinskier
Posts: 4867 - Karma: 350
^Motocross tracks also have waivers just like ski resorts. A mountain a grew up at, Summit at Snoqualmie, was sued for millions a few years ago. Those waivers can be easily bypassed by determined, money-hungry lawyers.
Mar 9 2010 5:34PM
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Brenone
Posts: 4944 - Karma: 296
yeah there is always some dooshbox who tries to sue for something.
there was an indoor basketball court by my house back in the day that closed after some selfish prick sued after he broke his ankle while playing there. it was in the back of some guys little shopping center.
Mar 9 2010 5:44PM
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scratchproteen
Posts: 5173 - Karma: 286
i know thats basically what it is...but there are so many holes and ways around it

i heard of a case a guy got his eye poked by a tree and sued the ski resort because there was no sign warning him of the tree.


i do like the idea of banning the guy, if you aren't going to think logically at a place like that whether its a moto track, skate park, ski hill, you have no right to belong there. Its all common sense and if you don't have it then gtfo.
Mar 9 2010 5:45PM
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pmw
Posts: 5760 - Karma: 831
hey, do you know whats cool about America? we have this pretty exclusive thing called the court system, maybe you heard of it? well anyways, in the court system, arguments are heard usually between two parties, who are more often then not arguing or debating the innocence of someone who has been accused of committing a crime.

if i wanted, i could say im suing nasa for $40 trillion and 8 gumballs, but does that mean it will be heard? No. just because the guy is suing, it doesnt mean a judge will definitely hear this, and it does not mean that in the event a judge does hear the plea, it still does not mean the man will be sued for $10,000
Mar 9 2010 6:01PM
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Morgen.
Posts: 1199 - Karma: 61
whats a ski reasort?
Mar 9 2010 6:04PM
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pmw
Posts: 5760 - Karma: 831
inevitable post is inevitable
Mar 9 2010 6:06PM
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Deletedtoday
Posts: 4060 - Karma: 398
i hate it when people sue.
Mar 9 2010 6:16PM
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zerospinskier
Posts: 4867 - Karma: 350
Yes I know I didn't write a lot about the story because it's not worth my time. If someone was interested they could go look it up for the full details, I just tried to give an overview. (Yes of course weighted with my bias because it is coming from my mouth. Everything I ever say will have my bias on it.) The papers I attached explain what they are trying to sue for, which is what pisses me off.

He is banned from Hallowell's track as far as I have read from information from Hallowell. He did this because the man is not taking responsibility for his actions and trying to crush Hallowell's dreams. He just wanted to provide a fun place for the people of the community to ride, and Simon is hurting his cause.

The moral of my post that I am trying to send out is that it bothers me that people do not take responsibility for their own actions.

Even if your post you are making Simon look like he is so innocent and everyone was out to kill him that day.

"got ran into by the young driver"

No one was trying to hurt him. It's an accident. Shit fucking happens. Why is it not the dirt's fault if he falls? Oh ya, because the dirt doesn't have any money they can gain out of it. Maybe if he was a better rider he could have avoided the collision? Maybe he should have had more skills before riding the track?

An argument can be looked at in any way you want. I am not here to argue about specifics of anything. Again, all that pisses me off is when people do not take responsibility for their actions.
Mar 9 2010 7:48PM
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Jamestown
Posts: 4002 - Karma: 51
Wait so a kid crossed to a different part of the track, and was hit by Shane Simon? That sounds like it's the kid's fault, not Shane Simon's.
Mar 9 2010 7:51PM
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TheStudioCC
Posts: 2092 - Karma: 366
i dont think thats fair just dont sue people live with it your own fault
Mar 9 2010 8:02PM
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feihlination
Posts: 8356 - Karma: 1,084
i predicted this a while ago and noone cared.

especially in the US, i can totally see some kid getting hurt and his father suing the resort.

boomshakalaka, before we can say boomshakalaka parks will be closed for publics and they have to establish associations/clubs as oldschool skiing had to.

then we wont be able to hit the park and do whatever we want, instead there will be prefixed training times and "tricks of the day" with a supervisor.

this time will come, i hate to say it, but i guess as soon as insurances are re-evaluating freeskiing, we will see a lot of bad stuff going on.
Mar 9 2010 8:13PM
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Jamestown
Posts: 4002 - Karma: 51
I think Simon is right in suing for damages. If the kid was given a bike that was too powerful for him, then the person who gave him the bike is negligent, and therefore responsible for the actions of the child. And the owner didn't put out hay bales between the tracks, which allowed for the possibility of a crossover between tracks.

I don't get why Simon would be banned, aside from the fact that he won't be riding motorcycles in the near future anyway.
Mar 9 2010 8:19PM
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zerospinskier
Posts: 4867 - Karma: 350
Again, I really don't want to argue about specifics of this case, because we will be going in circles all day long. It is the bigger picture of this that frustrates me. I am not a law student so I am not going to argue about something I am not informed about. I don't know what is possible and what is not in court. My only knowledge is cases that I have seen go through. I am talking about morals that people today simply do not have.

When he bought a motorcycle, he accepted the fact that he might get hurt. That is the end of it. I have never seen cases like this help the sport. When Snoqualmie was sued they lost millions and the parks changed forever. They now require park passes, and they don't have any big features at all. When someone gets hurt they have to immediately close the jump for hours so they can take measurements to see if there might be something "wrong" with the jump.

What if they made arguments that terrain parks were just too dangerous? Would you be happy if there were no more terrain parks allowed in the world? Why not stop there. How about make skiing illegal because too many people get hurt and it is inherently too dangerous for people to participate in?

I sound pretty stupid and unreasonable, don't I? Well that is how all these people sound to me. I love many sports that are dangerous. They are my life. I don't want to see dumbass people take these things away from me.
Mar 9 2010 8:24PM
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feihlination
Posts: 8356 - Karma: 1,084
i am totally with you.

parks will have a tough time if this shit keeps going. like last week, there were at least 10 injuries in our park. what if only one random fucker tries to do some damage to the resort?

its not that big of a problem here in austria, because we have no case law, but from what i know its tougher in US/canada
Mar 9 2010 8:27PM
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gustafari
Posts: 726 - Karma: 50
exactly what i was thinking. it doesnt make sense to ban Simon
Mar 9 2010 8:32PM
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jason...
Posts: 9006 - Karma: 780
Do you know how many fucking stupid cases have come in front of a judge and won? A guy sued a ski resort and won because he overshot a jump and paralyzed himself. A guy sued a motorhome company because he put his motor home on 'cruise control' and left the wheel expecting it to drive itself. Need I go on? It may be stupid, but dumber cases have been won before.
Mar 9 2010 8:33PM
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OhMyBosh
Posts: 5056 - Karma: 171
*resorts.


Also, you're a fucking retard.
Mar 9 2010 8:35PM
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feihlination
Posts: 8356 - Karma: 1,084
but the sport can end if a serious guy, lets say a manager/lawyer gets hurt, who earns 400k+ per year. if a resort has to pay him some kind of invalides-pension, whoohoo, good luck.

i am a high ropes course trainer and during the instruction week this was a major point. JUST one mistake with the wrong guy and you end up paying until youre pushing up daisies.
Mar 9 2010 8:43PM
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asapCferg
Posts: 3057 - Karma: 358
Some people are so stupid
Mar 9 2010 9:09PM
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superpoluha
Posts: 1986 - Karma: 10
so people are stupid some
Mar 9 2010 9:19PM
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SDrvpr
Posts: 851 - Karma: 649
stupid people are so some
Mar 9 2010 9:54PM
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