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majid_sabet


Apr 28, 2010, 11:23 PM
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signing a waiver of liability contract doesn’t ....
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I love America so there we go

gym liability part II

Attorney of man hurt rock climbing seeks reversal of jury decision

http://www.vcstar.com/...mbing-seeks-of-jury/


patto


Apr 29, 2010, 12:20 AM
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Re: [majid_sabet] signing a waiver of liability contract doesn’t .... [In reply to]
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Blanket waivers have never been seen as a defense against negligence.

In this circumstance the guy might almost have a case. A sensible gym should never promote its activities as risk free or 'completely' safe.


squierbypetzl
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Apr 29, 2010, 12:26 AM
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Re: [majid_sabet] signing a waiver of liability contract doesn’t .... [In reply to]
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Well, he wasn´t hurt rock climbing, he was hurt jumping onto a 6ft tall mat from a height of aprox 20 ft.


karmiclimber


Apr 29, 2010, 6:49 AM
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Re: [patto] signing a waiver of liability contract doesn’t .... [In reply to]
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I kind of agree. I haven't ever been to a climbing gym that had that exact set up, but when I lived in CA, the climbing gym I belonged to had an outdoor bouldering area...for members only, the hope being that it would be used only by experienced people who knew what they were getting into. They also had those "ROCK CLIMBING IS A DANGEROUS ACTIVITY!!!!!111 yer gonna die, proceed at your own risk, blah blah blah" signs everywhere. Still, this guy sounds like a total asshat. If someone told him to jump off a cliff because it was "completely safe and risk free"...hmmm...


JAB


Apr 29, 2010, 7:18 AM
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Re: [karmiclimber] signing a waiver of liability contract doesn’t .... [In reply to]
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There have been similar cases in Europe, and the gyms have always won. That said, I am a bit confused by this part of the article:

In reply to:
jump and free fall into a large bag while climbing the 28-foot wall.

I have never heard of a climbing gym where you would be allowed to boulder to 28 feet (10-15 feet is pretty much max in my experience), and what do they mean by falling into a large bag?


mr.tastycakes


Apr 29, 2010, 7:36 AM
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Re: [majid_sabet] signing a waiver of liability contract doesn’t .... [In reply to]
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From the article:

"Yoder argued in court that employees told her client, Stephen Deckrow, and others that it was safe to jump and free fall into a large bag while climbing the 28-foot wall."

Then:

"According to Kronenberg, the bag is 6-feet high and 20-feet wide and designed to withstand the impact of a 250-pound man falling from a five-story building. He said Deckrow is 160 pounds."

Also,

"Kronenberg estimated Deckrow actually fell from 16 feet, because the height of the gym is 28 feet. He said Deckrow is 6-feet, and so by subtracting his height and the height of the bag, the difference is 16 feet."

Weird stuff. I've never heard of/seen a gym that had this kind of thing.


Landale


May 11, 2010, 3:09 PM
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The saga continues..... hope VH prevails and this d-bag has a load of atttorney bills to pay off

http://www.vcstar.com/news/2010/may/06/new-tack-allowed-on-lawsuit-over-back-injury/


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