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Surely this can’t possibly work?

By johnboy - 12 November 2008 42

I went out to the Stromlo Forest Park this morning to have a look at what they’ve done out there. It’s a very extensive community facility and, when the trees grow will probably be very beautiful.

Being the sort who likes to read plaques I was curious about the tiny writing on the pillar in the middle of the entry round-a-bout. Some sort of un-important dedication perhaps?

Well no… It’s a rather hopeful attempt to shield the ACT Government from liability when people grievously injure themselves bouncing over rocks.

By this token can I bind passing drivers to mow my lawn with well placed small print?

I did, however, like the way the hospital is clearly signposted on the roads leading away from the park.

Closeup of the sign below.

What’s Your opinion?


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42 Responses to
Surely this can’t possibly work?
Overheard 2:26 pm 12 Nov 08

poptop said :

Maybe their sign placement is another of the ‘other tortious acts’ referred to.

Interesting use of “maybe” in the first line.

Give that man a cigar and a kewpie doll.

paperboy 2:24 pm 12 Nov 08

I find it interesting that may be is spelt as one word maybe

Skidbladnir 2:23 pm 12 Nov 08

It is all explained in this comic by XKCD.

http://imgs.xkcd.com/comics/faust_20.png

Madman 2:23 pm 12 Nov 08

johnboy said :

My understanding is that a waiver neither read nor acknowledged does very little waiving.

Happy to be corrected.

My point is they could write ANYTHING there and it’d mean nothing.

I think you’re right aswell – especially if the waiver is not signed verbally or physically or acknowledged.

Maybe it’s to just show that they have tried to do their part in minimising financial risk to the Government.

justbands 2:20 pm 12 Nov 08

> You’ll get trail bikes there for sure, guaranteed. They’ve just destroyed the gate leading into the Cuunbeun nature reserve AGAIN so they can get their trail bikes in more easily; they’ll love this stromolo facility.

It’s been running for ages now, I’ve not seen any trail bikes there yet. If & when I do though, I’ll happily throw rocks at them.

poptop 2:19 pm 12 Nov 08

Maybe their sign placement is another of the ‘other tortious acts’ referred to.

Interesting use of “maybe” in the first line.

ant 2:18 pm 12 Nov 08

justbands said :

> Does that include motorsport?

It’s a cycling (& running) venue, what’s it got to do with motorsport?

You’ll get trail bikes there for sure, guaranteed. They’ve just destroyed the gate leading into the Cuunbeun nature reserve AGAIN so they can get their trail bikes in more easily; they’ll love this stromolo facility.

mdme workalot 2:15 pm 12 Nov 08

You’re kind of right JB – for any kind of liability waiver to be halfway effective, it needs to be of appropriate size and location that the sign is read, understood and acknowledged. Funnily enough, the principles for that lay within the bounds of contract law and tort law.

However – depending on the injury and circumstances, the govt could be liable anyway as it all centres on the foreseeability of the injury, the cause of the injury and action taken to mitigate risk (ie use of warning signs). There is no hard and fast rule, it needs to be considered on a case by case basis.

I would suggest that the sign (such as it is now) does not protect the ACT govt from any liability…

justbands 2:09 pm 12 Nov 08

> Does that include motorsport?

It’s a cycling (& running) venue, what’s it got to do with motorsport?

p1 2:08 pm 12 Nov 08

Does that include motorsport?

Overheard 2:08 pm 12 Nov 08

On the bright side, you wouldn’t get time to pick up the one spelling mistake and the three or four incorrect applications of the use of an ampersand. (Disclaimer: I’m a board member of the federally-funded Association For The Eradication Of The Ampersand & Other Pointless Characters In All But Very Small Signs Where Room Is An Issue.)

L8r.

justbands 2:07 pm 12 Nov 08

> My understanding is that a waiver neither read nor acknowledged does very little waiving.

OK, cool. I guess that’s why they say “To the extent permitted by law…”.

Overheard 2:04 pm 12 Nov 08

Guess you could always do six or eight laps of the roundabout to be firmly apprised of one’s rights.

johnboy 2:02 pm 12 Nov 08

My understanding is that a waiver neither read nor acknowledged does very little waiving.

Happy to be corrected.

My point is they could write ANYTHING there and it’d mean nothing.

justbands 1:58 pm 12 Nov 08

I don’t get what your problem with it is JB….seems a pretty standard thing for venues such as this.

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