Guest

United States

#41 May 21, 2012
Found this on the internet.

How effective is a ‘waiver of liability’?

A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person, educational institution, or organization for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.



Many people try to protect themselves by getting everyone they deal with to sign a writing in which others “waive liability”(give up or release) for potential personal injuries. These waivers or releases have become quite common, especially with respect to recreational activities – for example at ski slopes, bicycle rental shops, bungee jump parks, and amusement parks.



Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
Guest

United States

#42 May 21, 2012
So if you were to look at the above,would could consider people drinking a negligence on his part by allowing people to stay and drink,even with a sign,and knowing people could get out of hand and mis behave.Granted,an owner cant tell if someone is going to hurt someone like maybe getting into a fight but since he knows there is a lot of drinking and allowed those people to stay,could be considered negligence.And I know he didnt know it was going to happen to these individuals or any certain individual but knowing people were drinking ,things are more than likely going to get out of hand and would seem to me a neglience on his part.And I'm thinking if someone goes to court,everyone says there was a lot of drinking going on,several people were hure in seperate incidents,could be a bad omen.
Guest

United States

#43 May 21, 2012
Meant hurt in several incidents above.
wth

United States

#44 May 21, 2012
I'm just saying it happens everywhere but yet all r just now sayn sumthn... u think They wld let ppl drink n all that at all these places if they were going to b reliable for anything? Nope.
guest

Dyersburg, TN

#45 May 21, 2012
Umm wrote:
<quoted text>
You're contradicting your own statement. They have signs "NO ALCOHOL" that's your own words. Then you state they make people leave or calm down if they get too "DRUNK" again your words. So although they have signs, THEY DON'T ENFORCE THEIR OWN RULES!!! Why: because they'd lose all their business.
we have signs that post the speed limit. people still speed. you have to beat people in the head to make a point.
Seriously

Dyersburg, TN

#46 May 21, 2012
I think all of you just need to stay away and keep your children out.
Nuff said - find another thread to b*tch about.
FTW

Dyersburg, TN

#47 May 21, 2012
All I've been reading about on this thread is about alcohol and the consumption of . Do any of you know for a fact that the driver was impaired ? I have been there and I have ridden some of the trails SOBER and I can tell you that you had better be on your toes some of those hills are scary. I agree there shouldn't have been that many people in a two seater but seriously do we always follow the rules. Hell no ! They were just trying to have fun and had an ACCIDENT ! That's why they call em accidents and not on purposes.....
guest

Dyersburg, TN

#48 May 21, 2012
FTW wrote:
All I've been reading about on this thread is about alcohol and the consumption of . Do any of you know for a fact that the driver was impaired ? I have been there and I have ridden some of the trails SOBER and I can tell you that you had better be on your toes some of those hills are scary. I agree there shouldn't have been that many people in a two seater but seriously do we always follow the rules. Hell no ! They were just trying to have fun and had an ACCIDENT ! That's why they call em accidents and not on purposes.....
you sound stupid, and that is no accident! anymore dumbass comments?
Funny

Ripley, TN

#49 May 21, 2012
What's funny is that after reading all of this people are still trying to defend the business. It's like they're blind to the fact the owner were unable to make their guest follow THEIR posted rules. It's this simple if you're not going to make people obey your rules, don't have any. Guest break the rules put them out, it's really that simple. Allowing underage drinking is against the law period. If you're letting them drink on your property, you can and should be arrested. Plus something else to consider a minor cannot sign a wavior of any kind. Sounds like your business needs some new management to get your crowd under control.
Guest

Dyersburg, TN

#50 May 21, 2012
I thought this thread was started to inquire about the girl that was hurt? You people are all of on a tangent about drinking and posting signs. Is the girl ok or is she going to be ok? That is what is important at the moment!!
guest

Ripley, TN

#51 May 21, 2012
I could care less about anyone involved.But what gets me is just as soon as someone f***s up,here comes the blame game.SUe,law suits,lawyers,money!A bunch of grown a** fools acting like 5 year olds in bars,cars,on atv's.Stupid drunks!Try growing up instead of being red neck loosers.And take responsibility for your own actions.D**N,your poor kids don't have a chance with parents like all of you.
guest

Toronto, Canada

#52 May 21, 2012
Just Darwin taking out the redneck trash
Yep

Ripley, TN

#53 May 21, 2012
She's going to be ok, but what about the next person? Allowing people to get drunk and drive anything on your property especially a business = accident waiting to happen.
Kia

San Jose, CA

#54 May 22, 2012
Yep wrote:
She's going to be ok, but what about the next person? Allowing people to get drunk and drive anything on your property especially a business = accident waiting to happen.
Get over it you dumbass, worthless, idiot. No one wants to listen to a fourth class actress come here and bitch about her worthless, useless family, especially when they are responsible for what happened. Maybe you should take your career readiness certificate over again, moron.
Wow

Ripley, TN

#55 May 22, 2012
Kia wrote:
<quoted text>
Get over it you dumbass, worthless, idiot. No one wants to listen to a fourth class actress come here and bitch about her worthless, useless family, especially when they are responsible for what happened. Maybe you should take your career readiness certificate over again, moron.
Wtf are you rambling about? Crack is whack put the pipe down...
david armstrong

Dyersburg, TN

#58 May 22, 2012
come on really now? lol maybe yal should use ur better judgement on going to places like that knowin ppl be drinking @ bikini bottoms
Seriously

Dyersburg, TN

#59 May 22, 2012
The driver WAS drinking and drinking a lot. So were the occupants. 4 people in a Ranger with no seatbelts going up a hill - not riding a trail. Accidents are going to happen but common sense tells you this was a bad move. He should be held responsible for their injuries. It's not like he was clueless. He was showing out.
come on now

Medina, TN

#60 May 22, 2012
I know some wont like this comment but it seems it needs to be said...ATVs are supposed to be driven lisenced drivers. When you get your lisense it assumes that you are responsible for yourself and your driving. Why do you take your ATV to Bikini BottomsY Because its a blast and a lot of natural terrain to play around. The owners have a beautiful property that they are willing to share..does it make money? maybe but after insurance taxes etc probably not a lot...besides why cant they make a living like everyone else. As far as drinking..even if they searched everyone do you really think people wouldnt find a way to get liquor in anyway. Have you never been to a concert that they dont allow liquor but people get it in in other drink, thermoses etc. I dont like kids drinking and driving either which is why I would not allow my child to go there unattended but this accident was not a child it was an adult!!! an adult that is responsible for their actions but made a bad decision anyway. As for the owners..they are not babysitters. If you dont want your kids there..dont allow them to go, If you go dont drink but dont expect the owners to police the world.
yup

United States

#61 May 22, 2012
Whatever, u ppl need to stop blaming everyone! Its her fault not the owners.even if they did search n follow her every move,I'm sure she still wouldve found sumthn to drink or whatever. I don't believe all the searches n bull wlda stop nothing. So on that ppl, she did it, she made her own choices, she can't Sue.it was her fault. Stop blaming everyone else n I'm sure if u talked to her she wld not blame the owners. I'm sure she wld take responsibility for her actions. NT the owners fault... hers. U ppl r all looking for a free ride! "Hey! Lets Sue sum1 for our choices n ruin there lives!" Also the prsn who commented on the owners child. U r lower then dirt. Don't u get it accidents happen. U dnt have to blame everything one everyone else. Why wld u even bring that up? Oh yea " dyersburg trash" I forgot...
yup

United States

#62 May 22, 2012
Why wld we blame it on the business? Really! R u illiterate, SHE DID IT!!! It don't matter if they wlda did a. Full cavity search for alcohol. She wanted to drink, she did, and sumthn bad happened. So why the hell is that the owners fault? Did they shove the alcohol dwn her throat? Or maybe they hog tied her to the ranger an pushed her over the side of the hill? Stop blaming people who had nothing to do.with the wreck or her OWN decisions! Outrageous I swear! U ppl have to b on meds,or just Really selfish inconsiderate self centered people. Who r out for any thing handed to.them...

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