New Jersey Supreme Court Rules Paralyzed Waterpark Visitor Can Proceed with Gross Negligence Suit

By | August 25, 2016

  • August 25, 2016 at 3:42 pm
    reality bites says:
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    “Steinberg testified in a deposition that he did not know he could be injured because he did not read the waiver before signing it, did not see warning signs, and was not given the opportunity to view a safety video.”

    Not reading the waiver doesn’t mean the waiver doesn’t exist. Anybody can buy a ticket to go up a ski hill chair lift, but only a fool would believe it would be impossible to be hurt while coming down. especially before learning how to survive the sport. Where’s the assumption of liability?

    • August 26, 2016 at 6:20 am
      GoldC says:
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      Are you familiar with the waiver’s language? Do you know he’s only signing away liability rights or does it include important warning/safety language?

      Not being shown a video that is a requirement is the park’s negligence, absolutely. If he failed to read notices, that may be viewed against his favor, but the proper warnings were not there and unavailable for him to see the danger he faced. Definitely negligence.

      You don’t expect to die on a ride that appears fun and simple, right? And if they need you to hold on a certain way for safety, they tell you that explicitly. What are you defending here?



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