Bad, Bad Move by the Nebraska Supreme Court

[hawgerdawger]

I see in the Omaha World-Herald today that Omaha is starting to ban ice fishing, ice skating and sledding in parks because of a Supreme Court ruling over an incident that happened in my town. Sad, sad, sad. Sure hope this trend doesn't catch fire.

Here's a link to the story (registration required): http://www.omaha.com/index.php?u_pg=1636&u_sid=2306958

[BojiHawk]

Not good.  I guess if the city is liable for ice fishing accidents and such, aren't they equally liable for summer drownings, slipping on boat ramps or broken sidewalks???  This is getting a bit rediculous.  And people are the ones to blame.  We are a sue-happy people and society is constantly removing the consequences of poor decision making.  Getting in a boat not knowing how to swim without a life lacket is stupid.  Sledding out onto ice that is 2" thick is stupid.  Parents who allow children to recreate on these bodies of water unsupervised are stupid.  I guess 20 years from now we will have razor wire fences and turn everything into "viewing-only" lakes??

Public entities have a responsibility to keep facilities safe...insofar as removing any obviously unsafe conditions (rebar sticking up near a swim area, lighting necessary areas, notification of contaminants, etc).  I can tell you this:  If they want to start closing these areas because the gov't entities want to remove upkeep and the duty of posting unsafe conditions, it better reflect in my fees and/or taxes. 

Why don't they just add a contract to the Parks Permit Purchase process??  A waiver of some kind that make people understand that almost any activity has inherent risk and that by utilizing these public amenities, you assume a degree of risk.  Bailing out of offering these types of leisure activities gives people one less reason to live in Nebraska and one more kid that parks his fat behind in front of a video game has the excuse "there's nothing else to do today".  I'm tired of the gov't perpetuating the very problems they decry.  This is like having a clinic on obesity and serving Twinkies for the lunch.

[vermonner]

Good idea:
Keep suing and give the insurance companies even MORE power.  Jesus I just want to neuter those who can't step up and take responsibility for their own actions.  Blame, blame, blame...

[hawgerdawger]

Yep, BojiHawk, I'm also wondering how they will decide to draw the line. I hate to berate the woman who brought the lawsuit against the city of Chadron after she tripped on the courthouse lawn during Fur Trade Days because I don't know exactly what happened. However, I was on that same lawn on the same day, as were hundreds of other people, and I can not think of a safer place to go for a stroll! They really opened a can of worms with this one.

[Sandbilly]

I am having a very hard time with this.  How can we be the land of the FREE and home of the BRAVE with a lawyers noose of BS around our necks?

What's next, bikes, skate boards, boats, guns?

dc

[BojiHawk]

Sandbilly, I agree with your take.  Trust me.  But lawyers don't award rediculous settlements.  Juries and judges award / deny the monetary askings of the attorneys.  As easy as it is to cast a stone at them, they really aren't any more to blame than the kid running wild in a restaraunt with his folks watching.  They know they can line their pockets, but they need an accomplice.  In this case, unfortunately, it's the jury.  Aka - Us.  I'm not ready to hang them out to dry for the emotional response they talk people into anymore than I'm ready to blame a 6 year old having a fit to manipulate their parents in WalMart....it's on the folks as far as I'm concerned.  We need a set of non-negotiables as citizens and to take people like courthouse lady (don't know the details) and let them know that we won't stand for a $100,000 settlement for a broken arm.  You just throw disdain at them when they ask for something that rediculous the same way you would an abuser of disability.  "Can you?" and "Should you?" seem to be accepted as the same question for the US citizens anymore.  Our moral compass is spinning faster than a floor fan and no one even notices anymore.

[Sandbilly]

Agreed.

dc

[hardh2ofish]

I agree completely with all the things said here sofar.  Your right, I dont know the details of the things that happened in these cases.  But im sick and tired of this society getting sue happy and blaming so many others, when it is so many individuals who simply will not accept responsibility fo the consequences of their own actions.  I understand when tragedy strikes, you have a hard time with the grief, pain and suffering.  But when your actions take away my freedoms and rights for say to recreate in a public area.  When I Myself am fully understanding the dangers and consequences that may befall me.  Well that just tears it