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gopiscrap

(23,758 posts)
Fri Jun 12, 2020, 02:09 PM Jun 2020

Since trump is making folks sign a waiver to attend his Klan fest

would that be an admission that it is a potential health hazard and because of that wouldn't some one in Tulsa have the legal standing to go to court and get an injunction to prohibit his rally? Legal types? what say you....

7 replies = new reply since forum marked as read
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Since trump is making folks sign a waiver to attend his Klan fest (Original Post) gopiscrap Jun 2020 OP
Hmm allnews Jun 2020 #1
It's so ridiculous. Buckeye_Democrat Jun 2020 #2
It doesn't, but JenniferJuniper Jun 2020 #4
True. Buckeye_Democrat Jun 2020 #5
I'm sure that those rock ribbed liberals dominating the Oklahoma court system would get right on it! BamaRefugee Jun 2020 #3
I was told on Facebook that everyone has those now underpants Jun 2020 #6
Not so much an injunction, but . . . . . . no_hypocrisy Jun 2020 #7

Buckeye_Democrat

(14,853 posts)
2. It's so ridiculous.
Fri Jun 12, 2020, 02:12 PM
Jun 2020

So can people sign a waiver for sexually transmitted diseases?

Just bury AIDS in small print among a large list of other diseases, and that covers it legally?

JenniferJuniper

(4,512 posts)
4. It doesn't, but
Fri Jun 12, 2020, 02:31 PM
Jun 2020

good luck successfully suing because you got sick during pandemic because you were stupid enough to go to a mask-less rally.

The waiver may have no teeth, but I'm sorry, these fools are begging for it.

Buckeye_Democrat

(14,853 posts)
5. True.
Fri Jun 12, 2020, 02:34 PM
Jun 2020

From a purely selfish perspective, maybe I should instead be happy that others are making the sacrifice toward herd immunity?

underpants

(182,791 posts)
6. I was told on Facebook that everyone has those now
Fri Jun 12, 2020, 02:50 PM
Jun 2020

In a “If you haven’t been out .....every event has something like that to sign” kind of way

no_hypocrisy

(46,094 posts)
7. Not so much an injunction, but . . . . . .
Fri Jun 12, 2020, 06:05 PM
Jun 2020

I believe the attendees CAN sue and get around the Disclaimer.

Intentional torts require some level of intent to be committed, such as the intent to batter someone. Negligence torts don’t require intent to harm but require some level of carelessness or neglect. Strict liability torts require neither intent nor carelessness. In fact, if strict liability applies, it is irrelevant how carelessly, or how carefully, the defendant acted. It doesn’t matter if the defendant took every precaution to avoid harm—if someone is harmed in a situation where strict liability applies, then the defendant is liable.

Since this rule can have harsh consequences, it applies in a only few limited circumstances. One of those circumstances is when the defendant is engaged in an ultrahazardous activity. An ultrahazardous activity is one that is so inherently dangerous that the risk to human life is great if anything wrong happens, so the person carrying out the ultrahazardous activity is held strictly liable for those activities. Transporting dangerous chemicals or nuclear waste, for example, is inherently dangerous. If the chemicals spill, it is very difficult, if not impossible, to prevent injury to property or persons. Similarly, businesses that use dynamite, such as building demolition crews, run the risk that no matter how careful they are, people or property could be damaged by intentionally igniting dynamite. Therefore, strict liability applies.

https://courses.lumenlearning.com/montgomerycollege-masterybusinesslaw3/chapter/strict-liability-in-business/#:~:text=An%20ultrahazardous%20activity%20is%20one,strictly%20liable%20for%20those%20activities.&text=Therefore%2C%20strict%20liability%20applies.

Asking spectators into a venue that is so inherently dangerous that they cannot possibly assume the risk of harm makes this situation a class action strict liability tort.

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