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Kooks and Negligence
- Thread starter Havoc
- Start date
what if we refer to negligent surfers as neggers?
if the judge knew shaun and his constant and total violation of all of his etiquette bs, he would have tossed the case so fast. and ian as another expert witness? ha ha ha!!! dude drops in on someone then gets burned too and gripes? what a total kook. mirimar locals only, bruh! (said in the accent of shaun tomson.) hahaha!!!
Walking on the sidewalk isn’t inherently dangerous. There are also laws about bikes on sidewalks, usually.
I think the holding here is that dropping in isn’t negligent behavior, not that negligent behavior can’t occur in the ocean.
Here’s the full opinion
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This could be an SNL skit JFC. Everyone involved — Shaun and Ian included — should be sentenced to surfing soft tops for life; put on house arrest for five years during which time, instead of ankle bracelets, they’ll be required to use mouthpiece GoPros rendering them mute.
Almost all states, even California, apply a "reasonable man" approach to negligence cases.
Was this particularly behavior "reasonable" or not is the key; in almost all jurisdictions, this is a question of fact for the jury to decide.
This judge made the decision that dropping in could be considered " reasonable" behavior. He didn't use those exact words, but that is exactly what he decided.
I didn't know that part where Shaun Tomson and Ian Cairns, two of the biggest burn artists on earth, are expert witnessing against each other about any concept of etiquette whatsoever.
We're not being had, right? This isn't an Onion article, is it?
What about riding a pogo stick in the bike lane and getting run over by a e-unicycle?
i think the courts desperately don't want to touch surfing as it's an utter clusterfook. isn't there some grey area since it's out past the tide line too? i don't think surf etiquette and drop ins will ever be law but i'm pretty sure if you push someone off who drops in on you you could get charged. just accept it, the kooks have won. get a soft top and blast away
Little ironic having S.T. as the expert witness on proper surf etiquette...
"So what is surf etiquette exactly? Olson’s legal team brought in former pro Shaun Tomson, who laid out a version of the rules similar those posted on signs at popular surf breaks."
W.T.F.
ST seems to be making a career out of talking. This week he is the keynote speaker for the SB County Fire Dept. Academy graduation ceremony. I was trying to figure out what he would talk to them about.....
W.T.F.
ST seems to be making a career out of talking. This week he is the keynote speaker for the SB County Fire Dept. Academy graduation ceremony. I was trying to figure out what he would talk to them about.....
There is, man.
Pedestrian Helmets
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That was my thought. He dropped in, "thought the guy had enough room," meaning he was running for the shoulder. If he didn't drop in on the first guy, maybe he would have been back in the pocket and would not have put himself at risk.
I got cut to the bone and severed a nerve blocking a leashless longboard coming at my face. My first instinct was not to sue someone. I did give a tongue lashing about shoulder hopping.
It’s for a jury unless there is no issue of triable fact to decide - in this case both experts said dropping in occurs as a common and natural part of surfing, hence the judge was able to decide the matter.
“Appellant’s expert did not oppose the core components of Cairn’s opinion. He did not dispute that surfers often violate well-established rules of etiquette. The experts appear to agree that surfers commonly collide and lose control of their boards; that boards have sharp fins that can cause injury; and that some surfers choose to forego leashes because they can inhibit speed and agility. The undisputed evidence shows that appellant’s injuries resulted from these risks. We agree with the trial court that the primary assumption of the risk doctrine bars appellant’s negligence claim absent evidence that respondent recklessly or increased the sport’s inherent risks.”
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This was an interesting one for sure. I watched it play out live in our court and in my opinion, the attorney for Olson totally blew the case by focusing most of his attention on the leash. Or lack therof. He is an older white male that knew nothing about surfing yet decided to take the case. His position was that leashes are a "Requirement" in the surfing community and stated falsely, several times to the judges (There were three on the bench at the time, BTW.) that (paraphrasing here)leashes are a requirement in professional surfing contests for the safety of others. Bah, total B.S. It was extremely cringe to watch this guy spew his garbarge repeatedly at the judges.
BTW, it can take a shyt ton of money to get to this point in the case but I guess that's no big deal for someone who's backyard is Hammonds.
Another way to look at it is from the view of an experienced surfer. How many times have we been involved in a similar situation? Say Saville has a history of dropping in on people, you know like that guy at every surf break we've ever surfed? Then Olson has had enough and does the same back to him? Only this time something goes wrong and the other guy gets hurt? That would be a more legitimate focus in my opinion that using the supposed "leash law" as a defense.
This is not legal advice and I'm not an attorney.
BTW, it can take a shyt ton of money to get to this point in the case but I guess that's no big deal for someone who's backyard is Hammonds.
Another way to look at it is from the view of an experienced surfer. How many times have we been involved in a similar situation? Say Saville has a history of dropping in on people, you know like that guy at every surf break we've ever surfed? Then Olson has had enough and does the same back to him? Only this time something goes wrong and the other guy gets hurt? That would be a more legitimate focus in my opinion that using the supposed "leash law" as a defense.
This is not legal advice and I'm not an attorney.
intentionally doing it may end with a different legal result.
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