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Unread 07-15-2012, 11:38 PM   #172
Freight
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Join Date: Feb 2005
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Quote:
Originally Posted by Oberst View Post
You like dancing in mine fields dont you? My problem with you is not with what happened to your wife, and I could care less about whether you wish to sue someone or not. You are still trying to hold either AX or some AX executive accountable for something that they had no control over, it did not happen within the areas they had control over, TRY AND GET THAT INTO THE EMPTY SPACE BETWEEN YOUR EARS. If you want to hold someone accountable, then it can only be the guy who assaulted your wife, and possibly the Hotel, THAT IS IT. Just as you could not hold Disneyland accountable if you got hurt outside of their property, the same holds true here.
Not true.

Civil liability is much easier to prove and act upon than criminal liability and the line is clearer than you think.

  • If those final contracts were signed after September 16, 2011, then someone at the SPJA decided that the risk of friction between the attendees of the two events was acceptable, i.e.: a foreseeable consequence.
  • My wife was assaulted by an individual, and that is corroborated by a third party.
  • As a result of someone at the SJPA signing those contracts after finding out about the dates of the X-Games, they created a foreseeable consequence that could have been avoided.
  • That makes the SPJA individual(s) who signed the contract, and by extension the SPJA, liable for the consequences.

Now, this is one of those fortunate situations where the victim wasn't hurt, but that also calls into question the decisions of the individual(s) as they could place the organization and the event into future perilous liability situations. As an interested party who wants to see the convention continue and survive, I want to know when those contracts were signed and by who. Based on the above chain of events, that individual or individuals needs to be escorted from the SPJA before they create a situation where the convention is held civilly liable for damages and possibly kill the convention under a damages lawsuit.

It's similar to a person loaning his car to someone that accidentally hits someone else in a crosswalk. In this case, the person driving has liability for the damages, and so does the person who loaned the car. Him loaning the car created a foreseeable consequence that allowed the opportunity for the accident even though he wasn't a direct party to the action that caused injury.

Last edited by Freight : 07-16-2012 at 12:26 AM.
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