$400,000 challenge course settlement for shattered anklePosted: April 10, 2008
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?