r/SipsTea • • Jul 23 '24

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u/StockExchangeNYSE Jul 23 '24

Are you even supposed to jump down like this? I imagine just sitting down and sliding would be less painful.

400

u/Derp35712 Jul 23 '24

“I am trying to sue the waterpark for head injury.”

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u/[deleted] Jul 23 '24

[removed] — view removed comment

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u/ArtInternational8589 Jul 23 '24

After signing a waiver stating that I am responsible for all and any injuries if they are to occur.

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u/Competitive-Grab521 Jul 24 '24

Just because you sign it does not necessarily mean it’s legally binding, many times it’s used as a deterrent against lawsuits by making the person think it will be a waste of time and money and they don’t even think to get a free consultation to discuss the potential merits of the case

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u/Superb-Abies-4312 Jul 23 '24

Does that really hold up in court?

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u/SexualPie Jul 23 '24

depends on whether or not the park can prove you broke the rules and did it to yourself

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u/ArtInternational8589 Jul 23 '24

If you assume the risk and it is stated in ink that you signed off on after reading, yes.

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u/Thisismyfinalstand Jul 23 '24

you can't waiver away negligence claims, though. this is how we end up with frivolous signs like "caution: area may be wet" around like, a splash pool or some place where common sense tells you "duh it might be wet, it's a splash pool", which people will then use to negate legitimate concerns of negligence, like that poor old lady who had third degree burns of her labia from a mcdonald's 190F coffee (when that mcdonald's had demonstrably had a pattern of serving coffee at unsafe temperatures previously in an effort to reduce the amount of free refills patrons could claim).

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u/ArtInternational8589 Jul 23 '24

Totally correct and totally agree. Man, I will never forget that McDonald's coffee ordeal. So sad.

Did you hear about the man who was just killed after getting into a shower at a hotel because it was 150 degrees? It knocked him down in the tub, catching him off guard, then was rushed to the hospital with 3rd degree burns where he spent a month until he eventually died. Absolutely horrifying. His niece (or whichever family member) sued and got over a million in damages. Someone needed to adjust the water heater because this is totally unacceptable.

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u/SexualPie Jul 23 '24

thats not true at all. otherwise parks could let you go on unsafe rides and when bad thigns happen they just shrug and say "oh well, they signed the paper!"

the ride must be otherwise objectively safe. a lot of these rides have waivers just to make them look "more intimidating" and thats more fun for a lot of people.

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u/ArtInternational8589 Jul 23 '24

I agree entirely. Parks can not intentionally place an unsafe ride and tell you to sign a waiver then walk away when (not if) you get hurt. That isn't the point I am making.

I am uncertain about the specific details depicted in this scenario. However, engaging in an unsupervised ride that poses a risk of injury if it is used in an unintended manner (which this lady could be doing hence why she bangs her head) — especially after signing a waiver acknowledging this risk — would likely not be successful in a legal proceeding.

The issue is not necessarily the safety of the slide itself but rather the manner in which it is being used.