03-09-2016, 09:52 AM
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#536
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by VladtheImpaler
Based on the information I have learned in THIS THREAD ONLY (I have not, nor will I, do any other research, unless there is a reason to), if I was representing the dead kids' next of kin, I think 75-80 (maybe more)% of the blame for their death would rest with COP. The gate IS a death trap, people slid down before, so they should have been aware of the possibility, it doesn't sound like there was any signage warning of the barricade. Per the Occupiers Liability Act, it is irrelevant if they were trespassers or invitees. Slava I think brought up the example of the barbed wire/snowmobile case, and I think that is exactly on point. They have created a trap on their property, and have not made adequate provision to safeguard visitors. The standard of care is "what would a reasonable person do" - I would think, given the danger, padding on the barricade, signage warning of the barricade on top would be two things that were lacking.
I am sorry to get into legal analysis here, and again this is just my opinion, based on no information, other than what I have seen here.
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Quote:
Originally Posted by PepsiFree
Didn't see that, thanks.
Law pretty clearly says it does though, so I'd be curious to hear why not.
If the trespassing doesn't matter... would an employee be able to go down the track on a sled without protection or permission, hurt themselves, and sue?
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So Vlad, make a living representing people that have been injured. I am willing to accept his opinion. I would suspect he bases it on years of experience with the judiciary.
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Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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