$400,000 challenge course settlement for shattered ankle

The Appeal-Democrat is reporting in Sutter County teacher’s broken ankle worth $400,000 that a ropes course injury was settled for $400,000 right before the start of trial. The ropes course was owned by the Sutter County California School District and the experience was part of a conference for teachers.

The plaintiff was being lowered to the ground after crossing a catwalk when she separated from the lowering rope and fell approximately 10 feet shattering her ankle. As she was being lowered the plaintiff claims she was told “trust me, I will not let you fall.”

The plaintiff stated “I didn’t want to go. I was told I didn’t have a choice.” “As a nontenured teacher there is a lot of pressure to do everything that is set before you to do,” Gale said. “The idea of tenure is a key to why I did it.”

This is a classic example of “challenge by choice” not being fully recognized by everyone. Even though the participant at the moment might decide to participate, the entire event is not a choice. The participant is there as part of a corporate or work affair where they believe they have no choice if they want to maintain or move up in their career. This presents a real dilemma for the judge and jury; did the participant really want to be there? Did the participant really assume the risk?

Enhanced by Zemanta

One Comment on “$400,000 challenge course settlement for shattered ankle”

  1. […] $400,000 challenge course settlement for shattered ankle […]

    Like


Have a Comment? Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.