Insegnante di scuola elementare, 50 anni, perde una battaglia legale di £ 60.000 contro Go Ape quando si è rotta una gamba su uno scivolo mentre il giudice stabilisce che “ci sono rischi intrinseci nell’intraprendere attività avventurose” | Posta quotidiana in linea
https://www.dailymail.co.uk/news/article-15487269/teacher-loses-legal-battle-Ape-broke-leg-slide.html
di CasualSmurf
11 commenti
“Her trainer became caught, leaving her leg broken in three places, ‘floppy’ and ‘bent in half at 45 degrees’ after the accident in the site’s Nets Kingdom area, which Central London County Court heard was designed for three to 12-year-olds.”
I’m 50 and I went on a kid’s slide not designed for me and accidentally broke my leg give me money.
Does a few upvotes make up for the fact that people now know you read the Daily Mail
>The reality is you have a handful of minor incidents on this slide before the accident,’ he said.
>’It is socially desirable for adventure parks to be able to operate…There is a social utility to these types of activities.
>’Of course that doesn’t mean that the defendant can throw caution to the wind and must take such measures to assure that its users are reasonably safe.
>'[But] it was a course that was put together with professional advice to professional standards.
>’It was a nasty injury and it was a very unpleasant accident, but that is what it was. This claim is dismissed.’
Refreshingly sensible. Nice to find a judge with half a brain. It’s a shitty and horrible accident and she has my every sympathy.
Might seem harsh but sounds fair, accidents do happen.
Sucks for her but correct decision. I can see play areas getting closed down because of BS like this.
Mrs Mountain, who teaches year one and two children, sued Adventure Forest Ltd, trading as Go Ape, for £60,000 in compensation claiming the slide – which was later replaced – was ‘too dangerous’ and ‘not reasonably safe for operation’
In that case it could equally be argued that she should not be allowed to look after children as she obviously has very poor judgement when it comes to health and safety issues.
Compared to the slides I remember as a kid (ridiculously high with almost no handrail and a very hard surface to land on when you were ejected at the bottom with 3rd degree burns from the baking metal surface!) this looks much safer.
This seems really fair.
Unfortunate for the individual, but the judge is right. It is not the duty of the state to remove all risk from life.
There is no evidence Go Ape were negligent here- previous injuries had been rare and minor.
There’s some people who appear unable to accept that life has risks, sometimes shit happens, and it isn’t always someone else’s fault.
Was it officially determined in court that the slide was built for children up to 12? I know the article says that, I just can’t see why a reasonable solicitor would have represented the claim if those details were so cut and dried
She broke her leg that badly after it got caught in netting? She should get her bone density checked D:
Seems reasonable to me. Plenty in the comments saying it’s not
Life carries inherent risk. Just existing does. You can fall over and break your leg just hiking. Nothing is fully risk free
We have to balance where that inherent risk is worthy of a payout if it happens.
If she was at go ape at the safety harness failed then a payout is expected
If you choose to go down a slide, or go hiking, or lift weights in the gym, or use a set of stairs, and something goes wrong, at some point you’ve just gotta call it bad luck.
If you don’t, those things roll quickly become impossible to do. Because no one wants to pay out for it.
You’d be forced to do a risk assessment and sign a waiver before you go up any set of stairs just in case.