Suing a park for injury

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Cricketdaddy

Cricketdaddy

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Joined
Oct 19, 2007
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Thought some of you might find this interesting.

"A RVer who twisted her ankle by stepping into a marmot hole in a Wyoming RV park is not entitled to damages from the operator of the park, the Wyoming Supreme Court ruled on Nov. 2...

...In overturning the District Court award, (Chief Justice Barton) Voigt stated that landowners do not have a duty to protect guests on their property from 'a naturally occurring, known and obvious hazard.' "

Full article here, at RVTravel.com: http://www.rvtravel.com/blog/rvsinthenews/2007/11/rver-who-sued-for-stepping-in-marmot.html
 
IMHO that is the correct judgement. Had I been the judge the RVer would have been ordered to pay all court costs and legal fees incurred by the campground owner. Good on the Wyoming Supreme Court for having some common sense.
Thanks for cheering up the day.
 
We need more judges like the WY Supreme Court, and less like the District Court. And fewer people that think they can sue for their own carelessness.
 
My dad and his family came from Wyoming and I have spent a lot of time there. It is one of the few places common sense is still common.
 
That's is pretty sad... Some sorry people read "losers" would sue at the drop of the hat. Glad to see that commons sense prevailed.
 
I agree.  Since the hole was an act of nature, not man made, and that kind of thing is fairly common in the area. The camper should have watched where she was going.

Now, If the camper had set foot on say the 4th of five steps only to have the tread snap and break, and had there been a record of folks complaining that the tread was weak and likely to break, and the owner ignoring the complaints. Then it woudl have been a different story.  But in this case. I agree fully with the judge.

I too wish more would be like him/her
 
It's a real shame that the RV Park had to pay to defend itself from this type of nuisance law suit.  I think allot of this stuff would not happen if the loser had to pay for both lawyers. IMHO.  Could you imagine if someone could sue for stepping into a hole at Yellowstone NP and getting their leg burned in a hot pool.  They would have to shut down the place because the lawyers would be lined up and passing out cards.  Not that that ever happens.
 
If the lawyer that represented the plaintiff had to also pay the legal costs and compensate the defendant for their time and expenses too they just might think twice before taking on such cases.
 
Yes, "loser pays" litigation makes a world of sense but look at who makes all the laws...lawyers! And we keep electing them.
 
If someone brings a ridiculous suit against you and you win, as in this case, can you counter sue them for the court and legal fees?
 
My son was in a less that 2mph accident where he tapped the guy (who was alone) in front of him in stop and go traffic.........he offered to pay for the guys damage but the guy wanted to discuss with his mechanic first.....I told my son, wrong response, contact your insurance company. According to the insurance adjuster, the damage to my sons Honda Prelude (which is very low and mostly fiberglass is $450, didnt even crack any fiberglass, paint scrape only), the damage to the other guys car which was a van of some sort is $350.  This is zip in body shop lingo. He contacted insurance and it was a good thing, now this guy has him, all of his relatives and the cat in the car at the time of this horrific accident all claiming life changing injuries.  They are now trying to sue my son.  The insurance company (on my sons behalf) are filing suit for fraudulence and going after not only the other party but his ambulance chasing attorney.
 
The darn lawyers are what makes for the sue happy country we have now.  I think it really got going when lawyers began advertising.  The gal that sued McDonald's and won with that big settlement her, the jury, the judge, and her lawyer should all be locked up with the lawyer paying all the costs of the lock up. JMHO
 
Not only should she have sued the RV park, she should have sued the RV manufacturer (she wouldn't have been at the park if the RV hadn't been built), the highway dept (for building and maintaining the highway that got her there), the oil company and filling station owner of her last fuel stop (for providing the fuel that led her to drive to the park, thus indirectly causing the injury), the manufacturer of her footwear for building a product that allowed her to encounter this particular misstep, and the state of Wyoming and the travel magazine publisher for suggesting she go there in the first place, thus putting her in harm's way.

I'm kidding guys.....no need for a lynch mob  ;)

Three cheers for the Wyoming supreme court for getting this one right.  I'm truly convinced that the pervasive lack of personal responsibility for one's own actions that our "modern" society has created will be our undoing.
 
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