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I <br /> 1 Check Out The HIM-Sled Saie <br /> 1 <br /> 1 Legal Responsibility and Case Law Examples <br /> 1 Although,most sliding hills are provided by municipalities,other parties can <br /> 1 be drawn into litigation over sliding injuries. The builders and designers,owners <br /> 1 and operators,and employees of a sliding facility can be included in such a claim <br /> 1 as can members of community league boards. Supervisors of children-parents, <br /> 1 guardians and group leaders-can also be named in statements of claim,as well as <br /> parties who may have caused an injury to other sledders. All need to be aware of <br /> 1 the risks involved with the thrill of winter sledding. <br /> 1 <br /> There is no widely recognized body of knowledge regarding sledding dynam- <br /> ics for courts to draw on in determining how much risk is reasonable. Who is <br /> responsible for an injury therefore is up to the interpretation of the judge or jury in <br /> 1 that case,and thus may differ significantly from what an owner/operator or a <br /> 1 group leader might assume. Given that,the most prudent action is to be overly <br /> cautious when providing or supervising sliding. A safe guideline is to assume that <br /> the individuals sledding are risk takers or stuntfrs,that they will try anything and <br /> know nothing. Although this is a very harsh threshold from which to approach <br /> sledding,such an approach to the risks involved may save people from serious <br /> I injury. <br /> I <br /> Case Law Examples <br /> I Crocker v.Sundance Northwest Resorts Ltd.is a case P j <br /> I in negligence,but it deals with a limitation of liability <br /> I provision. Al signed an application form to take part <br /> in a tubing competition at the ski resort. The applica- <br /> tion form suggested that the ski resort was released <br /> I from all liability for any injuries or damage,but Al did <br /> I not read it and did not realize there was a waiver on <br /> the form. At the time of the competition Al was intox- <br /> icated and the ski hill manager was aware of this,but <br /> allowed him to take part in the competition. Al was <br /> 1 seriously injured as a result. The court said that the <br /> 1 waiver in the application form was not good enough <br /> 1 because it had not been drawn to Al's attention. <br /> 1 In Hewitt v. Etobkoke (Toronto)two adults were injured when <br /> 1 their toboggan struck a lighting standard located near the bottom of <br /> 1 a toboggan hill. The injured people sued the City for failing to act <br /> 1 responsibly as required by the Ontario Occupiers'Liability Act. <br /> 1 <br /> 1 <br /> 1 <br /> 1 <br /> 1 A Community Resource Guide Page 21 <br />