Re: Inflicting Pain. if it went wrong
Posted: Thu Sep 06, 2012 6:55 am
Generally you can only "agree away" risks that you can prove all parties understand, AND where you can show the expertise required.
So, take ball busting.
The acceptance of risk by an inexperienced victim is deemed to be contingent on the inflictor knowing what they are doing.
So as soon as anything goes wrong the lawyers will ask for the formal relevent qualifications of whoever did the damage.
What, you don't have any?
You won't be surprised to learn that I don't shoot this stuff
For example - years ago I did a paragliding course (great fun) and had to sign that I accepted risks etc. But if something had gone wrong - e.g. a line snapped, or they had let me go up in too much wind - then I'd have sued the pants off them as it would have been their responsibility to ensure the kit was safe and not let me fly in conditions too dangerous for a novice, and the waiver would not have protected them. All the waiver did was protect them from unavopidable risks, like spraining an ankle in a bad landing etc.
So, take ball busting.
The acceptance of risk by an inexperienced victim is deemed to be contingent on the inflictor knowing what they are doing.
So as soon as anything goes wrong the lawyers will ask for the formal relevent qualifications of whoever did the damage.
What, you don't have any?
You won't be surprised to learn that I don't shoot this stuff
For example - years ago I did a paragliding course (great fun) and had to sign that I accepted risks etc. But if something had gone wrong - e.g. a line snapped, or they had let me go up in too much wind - then I'd have sued the pants off them as it would have been their responsibility to ensure the kit was safe and not let me fly in conditions too dangerous for a novice, and the waiver would not have protected them. All the waiver did was protect them from unavopidable risks, like spraining an ankle in a bad landing etc.