Weird dream about gym liability.


Original Post
highaltitudeflatulentexpulsion · · Colorado · Joined Oct 2012 · Points: 35

I had a weird dream last night. This is pretty normal for me. I once dreamt about, then made a pancakurrito about a month before I saw an ad for the Taco Bell breakfast waffle taco.

Anyway, in this dream I was in a mall sized climbing gym. Halls were all climbable and for those that wanted something bigger, there were multiple huge walls where the JCpenny or Sears would normally be. The incident occurred in a hallway.

A woman was there alone and got a belay from a gym employee. She climbed up then went several body lengths across the roof without trouble before she decided to be lowered. The gym employee lowered her to a foam block about 1.5 feet tall. He thought she'd step off it and she thought he'd lower her the final few inches. This resulted in her stumbling and landing on her ass awkwardly. She complained for a minute, got up, and went home with no real concerns. She died that night. The dream ended with her husband showing up and trying to figure out what had gone wrong. He mentioned a large bruise on the back of her leg (It was a dream, lets not get hung up on the details. Just think of an outwardly healthy person who had an extremely minor mis-step that turned out to be much more serious than it seemed).

So it seems she must have a bleeding disorder either unknown to her or undisclosed to the gym.

So now that I'm awake, it makes me wonder. She sustained a pretty mild injury, not necessarily expected but not abnormal. Does her failure to disclose her condition or ignorance of her condition absolve the gym of liablity? Does the gym retain some liability because it was an employee with whom the incident occurred? Waivers aren't air tight, they are basically designed to keep people from contacting lawyers.

It was an interesting dream. Maybe not as interesting as inventing new food, but interesting just the same.

Analyze.

Stephen Felker · · Boulder, CO · Joined Nov 2009 · Points: 440
Jon Rhoderick · · Unknown Hometown · Joined Jul 2009 · Points: 845

THIS... Is why I endlessly peruse this website! Thanks for posting

PS there is a food truck in Bend that makes the Purrito: eggs bacon cream cheese wrapped in a pancake. In your dreams...

highaltitudeflatulentexpulsion · · Colorado · Joined Oct 2012 · Points: 35
Stephen Felker wrote:Eggshell Skull Rule
I have never heard of this. Totally makes sense. So where does she fit in?

Lets say she was new to
warfarin and her PT and INR were 10X therepuetic because she hadn't got the dose dialed in yet. Does that make her a fragile skull or a crumbling skull? What about the advice she surely got from her MD that she needed to avoid ALL potential impacts?

We're not talking about driving where we kind of have to do it, even if it's kind of dangerous. We're talking about climbing, so it's also kind of dangerous and you totally don't even have to do it.
highaltitudeflatulentexpulsion · · Colorado · Joined Oct 2012 · Points: 35
Jon Rhoderick wrote:PS there is a food truck in Bend that makes the Purrito: eggs bacon cream cheese wrapped in a pancake. In your dreams...
I made a plate size pancake that was more like a crepe (flour, milk, 1 egg, pretty watery) so I could roll it much like a tortilla. I had the usual inside, eggs sausage, peppers, and potato.

I'd make it again. It was good.
Stephen Felker · · Boulder, CO · Joined Nov 2009 · Points: 440
highaltitudeflatulentexpulsion wrote: I have never heard of this. Totally makes sense. So where does she fit in? Lets say she was new to warfarin and her PT and INR were 10X therepuetic because she hadn't got the dose dialed in yet. Does that make her a fragile skull or a crumbling skull? What about the advice she surely got from her MD that she needed to avoid ALL potential impacts? We're not talking about driving where we kind of have to do it, even if it's kind of dangerous. We're talking about climbing, so it's also kind of dangerous and you totally don't even have to do it.
Contributory Negligence
highaltitudeflatulentexpulsion · · Colorado · Joined Oct 2012 · Points: 35
Stephen Felker wrote: Contributory Negligence
To what degree is this applied from a practical standpoint. Victims often play a role in their situation. Bad neighborhood (should have known better), trip and fall (we know the old house has old stairs), T-boned at the intersection (should have stopped on yellow) etc.
Stephen Felker · · Boulder, CO · Joined Nov 2009 · Points: 440
highaltitudeflatulentexpulsion wrote: To what degree is this applied from a practical standpoint. Victims often play a role in their situation. Bad neighborhood (should have known better), trip and fall (we know the old house has old stairs), T-boned at the intersection (should have stopped on yellow) etc.
Generally, it's a jury question.
ViperScale · · Unknown Hometown · Joined Dec 2013 · Points: 230
Stephen Felker wrote:Eggshell Skull Rule
Don't see how this would apply considering no crime was committed. Not that I care much for that train of thought anyway and is part of the reason our lawsuits are so screwed up in this country.

They should punish crimes, not the reason for the crime. If I shoot in kill you to take your money or shoot and kill you because I don't like your race why should the penalty be any different?
Dylan B · · Unknown Hometown · Joined Apr 2010 · Points: 50
ViperScale wrote: Don't see how this would apply considering no crime was committed. Not that I care much for that train of thought anyway and is part of the reason our lawsuits are so screwed up in this country. They should punish crimes, not the reason for the crime. If I shoot in kill you to take your money or shoot and kill you because I don't like your race why should the penalty be any different?
The thread is about torts not crimes. The eggshell skull rule has nothing to do with motive. Negligence suits result in damages, not punishments.
Zach Myers · · Durango, CO · Joined Oct 2012 · Points: 50

Did the mall/gym have a sweet food court?

20 kN · · Hawaii · Joined Feb 2009 · Points: 1,348
highaltitudeflatulentexpulsion wrote:Waivers aren't air tight, they are basically designed to keep people from contacting lawyers.
They are not airtight, but they are somewhat effective in protecting against risks naturally associated with the sport. My armchair-lawyer understanding of the waivers is that they start to lose effect when the issue is a matter of negligence, but where that line lays probably depends on the state and specific judge. For example, depending on the circumstances, a judge might rule that simple negligence is in fact protected under the waiver, but gross negligence is not.

Here is an actual case from Canada where the defendant was unquestionably negligent, but the plaintiff still lost: cbc.ca/news/canada/british-...
highaltitudeflatulentexpulsion · · Colorado · Joined Oct 2012 · Points: 35
Zach Myers wrote:Did the mall/gym have a sweet food court?
I hope they had pancakeurrito's
Stich · · Colorado Springs, Colorado · Joined Jan 2001 · Points: 1,470

Do you have dreams about your girlfriend giving a lot of attention to some other guy at dinner and then wake up all mad at her?

highaltitudeflatulentexpulsion · · Colorado · Joined Oct 2012 · Points: 35
Stich wrote:Do you have dreams about your girlfriend giving a lot of attention to some other guy at dinner and then wake up all mad at her?
My wife doesn't approve of me dreaming about my girlfriend?
Old lady H · · Boise, Idaho · Joined Aug 2015 · Points: 265

If you build it, they will come...

WALLMALL

Guideline #1: Don't be a jerk.

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