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Whistler waiver withstands test by severely injured mountain biker

June 19, 2017, 7:30 a.m.
Posts: 90
Joined: March 2, 2011

http://vancouversun.com/news/local-news/whistler-waiver-withstands-test-by-severely-injured-guest

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June 19, 2017, 7:40 a.m.
Posts: 10822
Joined: June 4, 2008

The shocking part of that article to me was that he was a patroller there and the accident came about pre-jumping the Aline rock drop.

<div>If this incident was shown to be WB's fault they'd have to shut the bike park down.</div>

June 19, 2017, 1:06 p.m.
Posts: 1353
Joined: July 11, 2014

Feel for the guy, situation sucks but I'm glad the judge called his bluff on that. How can you possibly make a statement that you didn't know OTB and serious injury were risks if you were volunteer patrol for THREE years. If you are confidently riding double blacks and trying to pre-hop that drop, you are clearly a skilled rider who knows the risks.

June 19, 2017, 2:43 p.m.
Posts: 548
Joined: Sept. 2, 2010

If you want to read the decision it is here:

http://www.courts.gov.bc.ca/jdb-txt/sc/17/10/2017BCSC1001.htm

I couldn't help but reflect on para 51 coming from an expert on the subject.  I often fail to mind the gap.

[51] Mr. Pendrel opined that there was a gap between the skill levels that mountain bikers perceive they have, and the skill levels they actually possess. In his view, the industry general accepts that gap exists. He stated that while ability classifications (beginner, sport, intermediate, expert and elite) have been in existence for a long time in the sport, they rely on riders to self-assess their ability. He further noted that mountain biking terrain varies widely in different parts of the world, and even within Canada. He opined that a rider in Ontario might race competitively in an expert class, but struggle with an intermediate trail in British Columbia.

I did somewhat chuckle at the Ontario burn though.  

I hope Mr. Jamison the best on his healing both physically and emotionally.

June 19, 2017, 2:44 p.m.
Posts: 1102
Joined: Sept. 30, 2006

Sad situation when someone gets injured doing what they enjoy.  Even sadder when they try to lay the blame on someone else or some other entity when they were fully aware of the risks.  From an article on the CBC:

"The resort's legal team produced accident reports signed by Jamieson showing he had provided first aid at six accidents in the park involving either head or spinal cord injuries." 

He was a patroller for 3 seasons.  Looks like a lame attempt at a money grab, which is really quite sad.

http://www.cbc.ca/news/canada/british-columbia/whistler-lawsuit-1.4167886

June 19, 2017, 3:10 p.m.
Posts: 548
Joined: Sept. 2, 2010

He apparently also had a degree in English so this was a bit damning"

[125] In my view, the Release is comprehensive, clear and blunt. I do not see how any adult with basic reading skills could reasonably believe he or she retained the right to sue Whistler if they were injured using the Park, even if Whistler was negligent.

June 19, 2017, 3:17 p.m.
Posts: 34223
Joined: Nov. 19, 2002

“I had no idea that a spinal-cord injury was possible and specifically that going over the handlebars was a common mechanism of injury,” Jamieson said.

June 19, 2017, 4:31 p.m.
Posts: 548
Joined: Sept. 2, 2010

Posted by: switch

“I had no idea that a spinal-cord injury was possible and specifically that going over the handlebars was a common mechanism of injury,” Jamieson said.

It boggles the mind how a med student, especially one with first aid training could make that first statement.

June 19, 2017, 7:43 p.m.
Posts: 10822
Joined: June 4, 2008

If this were a case of an insurance company suing on behalf of the person, would it be general knowledge?

June 19, 2017, 8:47 p.m.
Posts: 145
Joined: March 6, 2017

I'm wondering the same thing. Everyone was up in arms when that woman sued McDonalds or whatever because the coffee was too hot. More details revealed she actually had a valid case. Point is theres always more to the story.

June 19, 2017, 10:44 p.m.
Posts: 26
Joined: Feb. 24, 2017

Posted by: ReductiMat

If this were a case of an insurance company suing on behalf of the person, would it be general knowledge?

Usually situations that are screwy (or at least really obvious to anybody with common sense) but go through litigation anyway fall under that category... I think part of the reason is that the ramifications of this are mostly positive financially for new bike parks.

June 22, 2017, 8:02 a.m.
Posts: 163
Joined: Feb. 24, 2017

This was not a case of the plaintiff's claim being pursued by an insurer. There is the Health Care Costs Recovery Act in BC. The act obligates that the plaintiffs lawyer include the recovery of BC Medical costs on behalf of the Health Care system. But BC med does not pay the lawyer to do this. In cases where a claimant is. Not represented, the adjuster or insurer defending a claim notifies BC Med of the claim and if there is liability will pay BC Med their costs. I represented one of the defendants in this case.

June 22, 2017, 8:33 a.m.
Posts: 127
Joined: June 28, 2011

If this is correct then WOW and what the hell. I was sure it was the med insurance company trying to recover costs.

June 22, 2017, 1:29 p.m.
Posts: 1353
Joined: July 11, 2014

Dude is now a radiologist (good on him) and comes from a wealthy family. So yeah, doesn't seem like money is a problem. The statements made are downright embarrassing.

June 24, 2017, 7:06 a.m.
Posts: 2
Joined: March 7, 2017

Posted by: L.Hutz.Esq.

He further noted that mountain biking terrain varies widely in different parts of the world, and even within Canada. He opined that a rider in Ontario might race competitively in an expert class, but struggle with an intermediate trail in British Columbia.

this is an interesting issue. trail rating are relative only to the local network and not an industry wide standard. also interesting that styles of difficulty is seldom represented in the rating system. a jump line could be a black and a steep rooty rock section is also a black but pose very different challenges.

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