rozboonThe cause-in-fact here is that you fucked up and fell off the wallride.
This is like running a red light, then blaming the utility company for fucking your car when you get shunted into a power pole by a semi truck.
Proximate cause:
Would you have hurt yourself if you hadn't made an error and fallen off the back of the wallride? No.
Was the wallride designed and intended for people to fall off the back of? No.
Was it foreseeable when the wallride was installed that someone was likely to fall off the back of it? Probably not.
Let's rephrase this slightly, and see if it still makes sense:
"I skied way too fast and crashed into the lodge. The hill should have padded the lodge building so I can ride like an idiot and not hurt myself"
p.s. totes not a lawyer.
You're wrong.
You're making it sound like I can put knives around the rail and if you fall off and get cut that's you're fault because you didn't make it to the end.
Features are designed to be safe in general. This is why you don't see gaps anymore really, also many places groom the backsides of their jumps so that they can be rolled over. People should make it to the landing but the goal is to make things safe for if they don't.
When installing a wallride MOST places make a plan for What if you hit it like this. IF you go over the back, is there a safe place to land or are you going to fall into a pit filled with dirty needles?
You have to think things through. If you think that nobody will ever go over your wallride, and your wallride is under 350' tall/doesn't have a deck with railing you're an idiot. PEople will 100% go over you wall. Even good kids. You go up to stall and go a little too fast. Shit happens.
This is how you build a park. You have to take all these what ifs int' effect. You can't just build something and say, well that's not what they should have done so fuck em.
Generally the lodge has a big flat in front of it. You're coming down a wide open trail skiing to it. You know it's there. You being dumb enough to straight line, avoid the people, and make it into the side of the lodge, is completely different than the situation being discussed.
Seriously. When designing a park a lot thought goes into this shit. Spacing features properly, making sure there's at least a pass for people just cruising that won't sent them off features, making sure there's room next to your features so if you fuck up you don't hit a tree, another features, or run into somebody else on another line, and a ton of other stuff.
There are plenty of differences in the way different places build but any of the ones that aren't retarded think about this kind of stuff when building. If you don't you're just setting yourself up to potentially get people broke, and get your mountain sued. A lawsuit can wreck a mountains park. Snoqualmie got rid of jumps after the salvini incident.
If people are building sketchy parks it can fuck everyone else over as well. If places are getting sued more often, insurance will start cracking down and then things get shitty. AS mentioned before there are already talks in place between some of the industry, engineers, insurance people, etc about establishing standards for park building.
You were arguing that, I drove my car 120 into a house is the same as, I was driving my kids home from soccer in my new car and my wheels fell off, my radio switched to justin beiber, and we slid in front of a truck and got smoked.