02-09-2016, 02:43 PM
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#341
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Franchise Player
Join Date: Jun 2004
Location: Calgary
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Quote:
Originally Posted by GoinAllTheWay
A reasonable person wouldn't have jumped on the track in the first place. Period.
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Why is that? we have entire sports and olympic events based on getting down that track as fast as possible.
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02-09-2016, 02:46 PM
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#342
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by 4X4
To keep you from escaping and ruining the internet?
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Petulant
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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02-09-2016, 02:48 PM
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#343
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by Resolute 14
Honestly, COP being held liable in this case would appear (based on what I know) that the system is horribly broken.
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What is unknown far exceeds what is known.
I wouldn't be surprised if there were other instances of this being attempted, only to be foiled.
It is difficult to speak in absolutes in these types of situations.
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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02-09-2016, 02:48 PM
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#344
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Franchise Player
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Quote:
Originally Posted by Dan02
Why is that? we have entire sports and olympic events based on getting down that track as fast as possible.
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Laugh.
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02-09-2016, 02:48 PM
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#345
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Franchise Player
Join Date: Apr 2003
Location: Not sure
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Quote:
Originally Posted by Dan02
Why is that? we have entire sports and olympic events based on getting down that track as fast as possible.
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Do they do these sports/events in facilities that are closed using equipment that was not designed for that sport/event in completely unsupervised conditions featuring people that are trespassing and in all likelihood have no training?
Last edited by GoinAllTheWay; 02-09-2016 at 02:52 PM.
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02-09-2016, 02:52 PM
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#346
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Crash and Bang Winger
Join Date: Sep 2008
Location: Calgary
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I have a buddy in Dallas and apparently this story made headlines down there as well.
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02-09-2016, 03:03 PM
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#347
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One of the Nine
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Quote:
Originally Posted by jayocal
I have a buddy in Dallas and apparently this story made headlines down there as well.
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It was on BBC news on Saturday morning.
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02-09-2016, 03:07 PM
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#348
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Franchise Player
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Do victims always sue in these scenarios? They have the legal right to and we assume they always will. I'm just wondering if there are cases where the victim or their survivors decides to let it go. I'm not passing judgment either way as I have not been faced with that decision.
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02-09-2016, 03:09 PM
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#349
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First Line Centre
Join Date: Jul 2013
Location: I will never cheer for losses
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Quote:
Originally Posted by Locke
Or....they could acknowledge the 'Private Property' sign. Or the 'No Trespassing' sign. Or the 'Authorized Personnel Only' sign.
But you're right, more signs is the answer.
They were negligent for not having that crucial final sign.
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This ^^ obviously if they put a sign at the top saying there is a gate they wouldn't have gone down. But as far as I'm concerned the 'private property' and 'no trespassing' signs should be enough. The gate wouldn't be a problem for anyone using the track legally as they'd know about it. If someone breaks into my house when I'm not home and my dog hurts them, am I liable because I didn't put up "beware of dog signs"? No, because it is private property and they illegally entered. Obviously I know the case at COP is more extreme.
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02-09-2016, 03:12 PM
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#350
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Powerplay Quarterback
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Quote:
Originally Posted by Philly06Cup
Was the entrance to the bobsleigh track securely barred?
If there were an open entrance with a death trap at the other end, I would consider COP grossly negligent. It would be just as easy for another person to accidentally fall into the track and die.
Trespassing is moot. You can't put landmines on your private property and deny liability because others were trespassing. Sounds like a dangerous contraption with foreseeable consequences that COP could have better guarded against.
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You can't accidentally fall into the track.
I debated playing on it once in the summer when we used to train at the Bob Niven Centre. The thought of climbing the fence and somehow getting into the track (this was near the bottom) made me quickly lose interest. It would have required a ladder. Anyone along any length of the track excluding the starting gate would also require a ladder to fall into. Additionally if you fell onto the track and didn't also fall onto a sled/toboggan you'd likely not slide into the chain/wall. Workers walk along the track in boots. It's not an ocean or lake. It's an elevated structure.
Last edited by ranchlandsselling; 02-09-2016 at 03:27 PM.
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02-09-2016, 03:13 PM
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#351
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Franchise Player
Join Date: Mar 2007
Location: Income Tax Central
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Nenshi even stated in his interview:
"Theres a point where theres no more you can do."
__________________
The Beatings Shall Continue Until Morale Improves!
This Post Has Been Distilled for the Eradication of Seemingly Incurable Sadness.
The World Ends when you're dead. Until then, you've got more punishment in store. - Flames Fans
If you thought this season would have a happy ending, you haven't been paying attention.
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02-09-2016, 03:14 PM
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#352
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Franchise Player
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Quote:
Originally Posted by edslunch
Do victims always sue in these scenarios? They have the legal right to and we assume they always will. I'm just wondering if there are cases where the victim or their survivors decides to let it go. I'm not passing judgment either way as I have not been faced with that decision.
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I know with the fatal accidents act you don't even have to sue, you can pretty much just quote the act and they will pay you.
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02-09-2016, 03:14 PM
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#353
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In the Sin Bin
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lol do you know if someone breaks into your house and say you're doing renovations and removed the stairs and they fall off the main floor and into the basement and break their legs, you as the homeowner are liable?
That's one of the cases we had in (the very limited law courses) school
Last edited by polak; 02-09-2016 at 03:18 PM.
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02-09-2016, 03:17 PM
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#354
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Franchise Player
Join Date: Jun 2008
Location: Calgary
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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.
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02-09-2016, 03:17 PM
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#355
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Franchise Player
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Quote:
Originally Posted by polak
lol do you know if someone breaks into your house and say you're doing renovations and they fall of the main floor and into the basement and break their legs, the home owner is liable?
That's one of the cases we had in (the very limited law courses) school
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That would probably be covered under your home owners insurance.
I'm sure COP also has some insurance in place that would cover something like this.
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02-09-2016, 03:18 PM
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#356
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Franchise Player
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Quote:
Originally Posted by VladtheImpaler
I am not going to debate this, since I do this for a living, but I will say again - the trespassing is irrelevant.
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Out of curiosity would COP still be liable if they crashed and died without the gate in place?
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02-09-2016, 03:19 PM
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#357
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Franchise Player
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Quote:
Originally Posted by VladtheImpaler
I am not going to debate this, since I do this for a living, but I will say again - the trespassing is irrelevant.
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You would know, as you do it for a living...but, imo, that's ****'ing ridiculous.
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02-09-2016, 03:19 PM
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#358
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In the Sin Bin
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Quote:
Originally Posted by Hockeyguy15
That would probably be covered under your home owners insurance.
I'm sure COP also has some insurance in place that would cover something like this.
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Yeah I don't know how the insurance and payout works but the liability would still be on you or in the original story, COP.
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02-09-2016, 03:19 PM
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#359
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Franchise Player
Join Date: Mar 2007
Location: Income Tax Central
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Quote:
Originally Posted by VladtheImpaler
I am not going to debate this, since I do this for a living, but I will say again - the trespassing is irrelevant.
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Wow. I dont doubt you, not just because I know you but also because you'll steal my dumplings next time, but wow.
I find it hard to believe that the trespassing is irrelevant, but obviously it must be but as 'not a lawyer' I dont feel that it should be.
__________________
The Beatings Shall Continue Until Morale Improves!
This Post Has Been Distilled for the Eradication of Seemingly Incurable Sadness.
The World Ends when you're dead. Until then, you've got more punishment in store. - Flames Fans
If you thought this season would have a happy ending, you haven't been paying attention.
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02-09-2016, 03:21 PM
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#360
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by Hockeyguy15
Out of curiosity would COP still be liable if they crashed and died without the gate in place?
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I don't think the issue is the gate.
The issue is there accessing the track.
Why didn't COP take sufficient steps to stop that from happening.
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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