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Post by Oti on Jun 5, 2009 0:23:45 GMT -5
I meant liable, yeah. Sorry.
Apparently a sign doesn't work. A signature does, though. So, everyone would sign a paper and those papers would be stored in like five safes.
That way, even if my course came apart and it is my fault someone got hurt, they signed away their rights, as Blind would say.
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Post by The Chief on Jun 5, 2009 11:29:50 GMT -5
yes, but then you would bring in the Safety department to your course to inspect it. If it fails, you will have your course closed down...and you might lose a bit of money for fines...
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Post by Oti on Jun 5, 2009 12:16:20 GMT -5
But my course would be built well. It would pass.
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Post by The Chief on Jun 5, 2009 13:08:38 GMT -5
Those regulations are pretty strict. No one can guarantee that they'll pass it.
My suggestion would be to hire someone that knows the rules and regs(ex. Fire Marshall) to oversee it.
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Post by Oti on Jun 5, 2009 14:05:15 GMT -5
If the course is built soundly and the pits have sufficient padding to catch people who fall, there's no problem passing it.
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Post by davidcampbell on Jun 8, 2009 16:05:42 GMT -5
I think the best way would be to have safety gear available, and if the person decides not to wear it they would have to sign a waiver saying "I understand they by refusing safety gear I may be killed or injured due to reasons not excuding faiure obstacles on the course not fuctioning properly or failing due to any reason including umproper setup by tv show staff and waive all legal right to recoup damages"
That way when they crack their head open and take the show to court just be like "well if you were wearing a helmet like we asked you to that wouldn't have happened would it?!"
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joemello
Komiya Rie
#1 Unlimited curmudgeon
Posts: 515
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Post by joemello on Jun 10, 2009 1:38:41 GMT -5
I'm not a lawyer, nor do I play one on TV (and if I did, I'd be smart to avoid Michael Cutter), but something about the above just doesn't sit right. If the course doesn't work the way it's supposed to, I think you should have the right to punitive damages, gear or no gear. However, if you pull one of the old plays from Katsumi Yamada's playbook (this might have been The Crying Episode, if memory serves) and land out of bounds and whack your head against the ground in the process, then it's your own damn fault.
Also, I don't think just having the option to wear gear is Workplace Safety Compliant, but again, see the above. It's a shame we don't have any OSHA-philes here.
Since we're talking insurance, a brief aside: if I ever do end up in the actuary/insurance biz, I want to work for a firm that underwrites game shows and contest prizes. I think that would be fun.
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Post by lostinube on Jun 10, 2009 6:18:26 GMT -5
www.injuryinfo.com/blog/waiver-of-liability/"It is important to be aware that not all waivers of liability are enforceable. You see, reasonable and adequate warning must be provided to a participant or customer. Waivers generally are only enforceable when the waiver is properly worded in compliance with the law and when it can be proven that an injured participant truly understood the risks involved with the activity or equipment that resulted in injury. Waivers of liability are not meant to protect a company that is grossly negligent in maintaining their property or equipment, or is reckless in how their property or equipment is used." I think in David's hypothetical situation Cracked Open Head Plaintiff A (COHPA) could still have a case if they could prove that the organizers were somehow negligent despite COHPA being a moron. Either way, if someone gets hurt legal fees may build up even if you end up winning the case. Best to hire a lawyer with a good reputation and experience in the field before letting anyone even set foot on a course. Naturally, Japan has a different opinion on personal responsibility (will it change with the upcoming switch to jury system?). I believe their theory is more "You did what? Hahaha!" Of course that didn't stop Kinniku Banzuke and Food Battle Club from getting pulled. I guess even they have their limits.
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joemello
Komiya Rie
#1 Unlimited curmudgeon
Posts: 515
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Post by joemello on Jun 10, 2009 20:31:14 GMT -5
I think in David's hypothetical situation Cracked Open Head Plaintiff A (COHPA) could still have a case if they could prove that the organizers were somehow negligent despite COHPA being a moron. Also known as "I spilled coffee in my own lap, but it's McDonald's' fault, anyway." Aside: so was the Apollo Justice game really emulating Japan's changing judicial structure or was that just a happy coincidence?
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Post by lostinube on Jun 10, 2009 22:02:51 GMT -5
I don't know about Apollo Justice but in Japan the plan to switch to trial by jury has been in place for a while now. The thing about suing people is that juries tend to not like a) big companies and b) a*****es. In McDonald's case, they were definitely a and possibly b since they had refused to settle for a much lower amount in the first place and there had been other incidents before which they blew off. lawandhelp.com/q298-2.htmwww.lectlaw.com/files/cur78.htmIf the producers of a reality show don't act in good faith, are flippant about things, don't cover as many angles as could be imagined, or cut even a few corners that can be found out, COHPA is going to sue. Edit to add: I should point out that I'm not saying they should sue, just that they are going to sue. Frivolous lawsuits harm those who are rightfully seeking compensation and or change to the system.
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Post by Oti on Jun 10, 2009 23:31:19 GMT -5
It's apparently easy enough to word a waiver so people can't sue. My girlfriend's dad is a lawyer and she knows how to do it just from the times he would make her do his work.
...Yes. He's that much of a jerk.
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joemello
Komiya Rie
#1 Unlimited curmudgeon
Posts: 515
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Post by joemello on Jun 11, 2009 1:25:09 GMT -5
You want jerk lawyers? Try ambulance-chasing hacks. Having one uncle that's a lawyer in the entertainment industry and another that had a tax firm, not all lawyers are slimy skeezballs.
Btw, for those who didn't get the game reference, the big reason why it's an Apollo Justice game instead of series mainstay Phoenix Wright is because Phoenix is trying to change the judicial system to . . . trial by jury. Being that the PW:AA series is a very Japanese game, I couldn't help but think of it.
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Post by Oti on Jun 11, 2009 10:35:14 GMT -5
I dunno. Making your young daughter do your work for you because she does it better seems worse.
Anyway, never played the PW games. I just know they like to slam their hands down and yell OBJECTION! a lot.
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joemello
Komiya Rie
#1 Unlimited curmudgeon
Posts: 515
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Post by joemello on Jun 12, 2009 0:21:54 GMT -5
I dunno. Making your young daughter do your work for you because she does it better seems worse. Picking the person best-suited for the particular task at hand sounds like a bad idea to you?
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Post by Oti on Jun 12, 2009 1:01:15 GMT -5
Not really, but when you're a 40-something year old who graduated college and got a law degree and your daughter is only 12 years old and yet she does your work better than you do, that speaks loads about you.
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madmanike
Ishikawa Terukazu
TUNA!!!
Posts: 455
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Post by madmanike on Jun 12, 2009 16:33:57 GMT -5
They call that Middle Management in the US you know
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Post by Oti on Jun 12, 2009 17:42:58 GMT -5
Not really. Technically she isn't part of the system and therefore not his subordinate.
The fact that he's her father doesn't make her that either.
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chackpop
David Campbell
25%
Posts: 1,543
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Post by chackpop on Jun 12, 2009 18:07:59 GMT -5
My girlfriend's dad is a lawyer and she knows how to do it just from the times he would make her do his work. Not really, but when you're a 40-something year old who graduated college and got a law degree and your daughter is only 12 years old and yet she does your work better than you do, that speaks loads about you. So your girlfriend's 12 years old?
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Post by Oti on Jun 12, 2009 19:44:05 GMT -5
Hell yeah. I like 'em young.
No, she's 20 now. This crap happened back when she was 12 and her parents were still together.
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Post by lazarus0280 on Jun 21, 2009 4:07:08 GMT -5
Hey guys, new here so first of all hello. Just to get in on the discussion I would believe it is possible to hold here in America, though the spirit of Sasuke I feel would be lost because of corporate CEO's etc.
Just looking at the growth of the X-Games over the past couple of years and the lives that have been lost in those sports yet it is still growing and they are going bigger each year.
Hardest part about bringing it here would be money. Whoever is funding it would want a return. That means advertising yada yada. More corporate bigwigs sitting round the table want to tell you how to run things.
That being said, the first one or two would probablly be smaller, like there indoor one that began it all. With our support and maybe the support of some japanese Sasuke competitors it could take off. A sasuke event attached to x-games or something could be cool as well.
Biggest thing is increasing the interest. I am sad to admit I just learned of it myself thanx to G4's marathon this weekend and I have been fascinated.
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