Why didn't COP take sufficient steps to stop that from happening.
I guess the question is what is sufficient then. There is a fence around the perimeter, let's assume there is a another barrier at the top of the run, security guards and cameras. What else would they have to do to make it sufficient?
I don't know if there is a barrier at the top of the run, but just for arguments sake let's say there is.
I guess the question is what is sufficient then. There is a fence around the perimeter, let's assume there is a another barrier at the top of the run, security guards and cameras. What else would they have to do to make it sufficient?
I don't know if there is a barrier at the top of the run, but just for arguments sake let's say there is.
I guess the question is what is sufficient then. There is a fence around the perimeter, lets assume there is a another barrier at the top of the run, security guards and cameras. What else would they have to do to make it sufficient?
I don't know if there is a barrier at the top of the run, but just for arguments sake let's say there is.
Exactly, what is sufficient.
It could be argued that the controls were not sufficient, otherwise this wouldn't have happened. I am not saying I am in that camp of thinking, but it will be looked at that way and a 100 other ways.
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Captain James P. DeCOSTE, CD, 18 Sep 1993
It could be argued that the controls were not sufficient, otherwise this wouldn't have happened. I am not saying I am in that camp of thinking, but it will be looked at that way and a 100 other ways.
Well I don't know about you or other people, but a fence around the perimeter would be enough for me. You have to make a choice to climb that fence and ignore the consequences. Plus once you make it to the top of the run you have to ignore another barrier, plus any signage there may be.
If this is where they started their run, it looks like it would be rather difficult to get into? I have never been up there so I don't really know.
Last edited by Hockeyguy15; 02-09-2016 at 03:33 PM.
Well I don't know about you or other people, but a fence around the perimeter would be enough for me. You have to make a choice to climb that fence and ignore the consequences. Plus once you make it to the top of the run you have to ignore another barrier, plus any signage there may be.
If this is where they started their run, it looks like it would be rather difficult to get into? I have never been up there so I don't really know.
hey man I don't disagree, but it appears that the steps taken were not sufficient or this thread would not exist (and that would be great).
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Captain James P. DeCOSTE, CD, 18 Sep 1993
If this is where they started their run, it looks like it would be rather difficult to get into? I have never been up there so I don't really know.
Yeah, its an enclosed building, it has a man-door and a bay-door. You literally have to break into it. Its not like its just sitting out there in the open.
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I am not going to debate this, since I do this for a living, but I will say again - the trespassing is irrelevant.
For the record, I think that's complete BS. And it being law certainly doesn't make it right IMO. I can not understand why we should have any duty to someone trespassing but I am curious, how did this come to be? I'm assuming this was set as a precedent of sorts in some case?
For the record, I think that's complete BS. And it being law certainly doesn't make it right IMO. I can not understand why we should have any duty to someone trespassing but I am curious, how did this come to be? I'm assuming this was set as a precedent of sorts in some case?
Like, actual legal BS or just that it doesnt factor into the legality and it totally should?
Because Vlad knows the former and I agree with the latter. I find it crazy that the fact that you broke in doesnt matter.
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For the record, I think that's complete BS. And it being law certainly doesn't make it right IMO. I can not understand why we should have any duty to someone trespassing but I am curious, how did this come to be? I'm assuming this was set as a precedent of sorts in some case?
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Originally Posted by Locke
Like, actual legal BS or just that it doesnt factor into the legality and it totally should?
Because Vlad knows the former and I agree with the latter. I find it crazy that the fact that you broke in doesnt matter.
The world is a crazy place.
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Captain James P. DeCOSTE, CD, 18 Sep 1993
It could be argued that the controls were not sufficient, otherwise this wouldn't have happened. I am not saying I am in that camp of thinking, but it will be looked at that way and a 100 other ways.
There is no such thing as idiot proof, as there is always a bigger idiot.
This isn't a case of COP actively placing hazards to deter trespassers (like that inane landmine comment a few pages back), but of trespassers deliberately circumventing security measures in place to engage in incredibly high risk behaviour - even if the gate wasn't in the way. People circumventing security is not in and of itself evidence of insufficient security.
Well I don't know about you or other people, but a fence around the perimeter would be enough for me. You have to make a choice to climb that fence and ignore the consequences. Plus once you make it to the top of the run you have to ignore another barrier, plus any signage there may be.
If this is where they started their run, it looks like it would be rather difficult to get into? I have never been up there so I don't really know.
That video is in the summer with a bobsled on wheels by the looks of it. No where near as fast as the track would be with ice on it.
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The fact that the they worked at COP the previous year makes the victims more liable. It isn't reasonable for COP to put up an impenetrable wall with guard dogs patrolling the property at night.
There is no such thing as idiot proof, as there is always a bigger idiot.
This isn't a case of COP actively placing hazards to deter trespassers (like that inane landmine comment a few pages back), but of trespassers deliberately circumventing security measures in place to engage in incredibly high risk behaviour - even if the gate wasn't in the way. People circumventing security is not in and of itself evidence of insufficient security.
Hey I don't disagree, and don't get me wrong. I am not saying that liability should rest with COP.
I will say that, IMO, courts exercise some social "justice" and when faced with life changing issues could find some % of liability against COP, which would mean they could be on to pay 100% of the monies.
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Captain James P. DeCOSTE, CD, 18 Sep 1993
You can see in the video shortly after the start there is a path next to the track with a railing you could easily hop over. So basically Winsport would have to put a big fence around the whole thing...
Yeah, I know. But, like I said, unless there is something significant that we don't yet know, that outcome would simply be an example of a broken system.