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Old 12-19-2008, 12:42 PM   #11
Thunderball
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Location: Calgary, AB
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Its a sticky situation, especially in a place where you (maybe via HMO) pay for medical expenses. One of the resident lawyers can probably explain this better, but a similar situation was in a course I took and I believe its a matter of negligence.

Say dufus goes go-karting and drives like an idiot, and flips the cart. They are hurt, but not badly. Before the attendants can arrive, dufus' friends rush over and pull him out. While doing so, they cause greater injury to dufus. Who is at fault?

Dufus signed a waiver, and lets say he wasn't drunk, or lacking in a way that the attendants ought to have refused his use of the facility. Facility has trained attendants who may have responded in a "reasonable" amount of time, but not soon enough to prevent friends of dufus. So probably not them.

Dufus drove the vehicle poorly and ended up getting injured. He is at fault. But he's not alone.

Since they lacked knowledge and ability to handle the situation properly, they acted in a way that a reasonable person might not. They exacerbated the injuries, and hence, would also be liable. It could be argued a reasonable person would get trained help, and not take matters into their own hands when they don't know what they are doing. Apparently, a reasonable person would not act in a manner that is outside their limitations and qualifications.
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