Aug 7, 2013

In Which We Discuss Tort (?) Laws And Waterski Accidents

A Galveston County couple has filed a lawsuit against a sports company and two distributors, alleging they were negligent for providing a "dangerous" water ski that caused a serious head injury.
Sherry H. Hill went waterskiing on Aug. 8, 2011, and fell while crossing the wake of the ski boat that was towing her, according to the lawsuit. 
"During the fall the aft top end of the ski with the protruding metal piece struck her in the back of the head causing her to bleed profusely from the back of her head and immediately rendering her lifeless, unconscious, and not breathing," the lawsuit states.
Basically what happened was, a lady was skiing, wiped out, the ski hit her in the head and she is suing HO Sports for the building the ski that hit her.

In the story it describes a "protruding" piece of metal is what hit her.  We are assuming it was the fin, but, below is our skype conversation about this, becasue, we have a very thin grasp of law and wonder how you can sue a company for making something you are using and assuming that risk.

[12:24:49 PM] Dig Dug: wouldn't really be a rant, more of a huh?
[12:24:57 PM] Dig Dug: how can someone sue over an accident like that?
[12:24:58 PM] ODBF: yea
[12:24:59 PM] ODBF: do that
[12:25:15 PM] ODBF: people sue over spilling hot coffee on themselves and win
[12:25:29 PM] Dig Dug: hahaha
[12:25:38 PM] Dig Dug: that would be a tort law i think
[12:25:41 PM] ODBF: tart reform is needed as well.  I mean, that candy i had a few days ago was not very tart
[12:25:46 PM] Dig Dug: they would have to prove negligence on HO's part.
[12:25:59 PM] ODBF: the ski has a fin
[12:26:31 PM] ODBF: that fin could be designed out of a soft flexible rubber instead and thus not injury anyone.
[12:26:36 PM] ODBF: it would not be skiable
[12:26:46 PM] ODBF: but they also could not get millions from ho
[12:27:06 PM] Dig Dug: ha, but, wouldn't that...basically, be like suing a car company because slamming your hand in the door should have been not being dumb?
[12:27:20 PM] ODBF: i bet these people win
[12:27:31 PM] ODBF: people are stupid
[12:27:35 PM] Dig Dug: there HAS to be some sort of personal accountability for things.
[12:27:54 PM] Dig Dug: i can't sue jack daniels because I got drunk and subsequently hung over and do shitty at my job.
[12:28:23 PM] ODBF: sure you could
[12:28:28 PM] ODBF: you might not win though

[12:29:02 PM] Dig Dug:  :(

I am very curious as to how this turns out, I can't imagine they would win, but, at the same time...if they do?

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