Re: RC: Re: Ride Managers' Viewpoint

[CMKSAGEHIL@aol.com]

In a message dated 9/22/99 9:14:14 PM Pacific Daylight Time, 4horn@home.com 
writes:

<< There is a BIG difference between what happened to Jim and the examples
 you gave Heidi. When I ride a horse or when I fly a plane (yes, I have
 my pilots license) I assume the risk of accident, injury or death. The
 chances are quite high that something may happen to me as an active
 participant compared to someone who is WATCHING me participate. Jim was
 an innocent observer not an active participant.
 
 Lauren >>

Actually, Lauren, the elk was the pickup truck and the plane was the riders.  
If you happen to be dashing out to scare off the elk as you hear me fly in 
(yes, I have a pilot's license, too) and I hit the elk nonetheless and go 
cartwheeling off in flames and hit you, I can hardly be held responsible.  
Neither can the elk, because he didn't know what was going on.  The finish 
line is a notorious place for crashes, yet Jim placed himself there.  I'm not 
suggesting that anyone live in a padded cell, as it takes an odd set of 
circumstances coming together to make ANY accident.

In this case, from all accounts, 1) ride management had no knowledge that the 
pickup was coming in (and judging from the legal discussion in this thread, 
is most likely exempt under Montana statutes), 2) the pickup driver had no 
idea that he was in the way, possibly putting people in danger, 3) the riders 
could not see the pickup until it was too late to stop, and 4) Jim was not in 
a position to see the catastrophe developing until it was too late for him to 
scramble out of the way.  That's the sort of coincidence that spells 
"accident."  You felt that "someone" would be held responsible for 
this--where in this scenario would YOU put the theoretical blame?  I'd sure 
hate to play God and do it...

Heidi


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