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re: Tiki tubing drowning victims were found. So sad.

Posted on 6/23/14 at 2:25 pm to
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
38448 posts
Posted on 6/23/14 at 2:25 pm to
So many people drown every year in Destin and Orange Beach that no one hears about outside of the Orange Beach media reporting it. People don't realize how often this shite happens.
Posted by purpleleaf
Member since Aug 2011
4004 posts
Posted on 6/23/14 at 2:26 pm to
quote:

what about running and airboat up and down that stretch all day saturday and sunday? since it isnt their river i assume they wouldnt mind one bit right?


People do run their airboats up and down the river there you dumbass. WTF are you trying to say? Also, you have to have permission in order to enter the river on their property, hence the charge.

They can't do anything about anyone running a boat up and down the river. I can't believe you actually asked that question.
This post was edited on 6/23/14 at 2:28 pm
Posted by SG_Geaux
Beautiful St George, LA
Member since Aug 2004
80692 posts
Posted on 6/23/14 at 2:26 pm to
quote:

People just love to sensationalize things that will happen when you mix water, young people, and alcohol together.



Well that is because it is very often a bad combination.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
70025 posts
Posted on 6/23/14 at 2:27 pm to
quote:

what business do you know that has a death occur at their establishment at least once every summer and its all good?


beach resorts?
Parachuting outfits?
White water rafting tours?


I still don't get the issue...are you saying people shouldn't drown in water or that every one that drowns is the responsibility of TT or LP?

Someone ususally drowns every year surf fishing in Grand Isle...should they close surf fishing?
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
38160 posts
Posted on 6/23/14 at 2:28 pm to
quote:

Also, you have to have permission in order to enter the river on their property, hence the charge


That would definitely put them on the hook for liability then, which is why they have waivers
Posted by Festus
With Skillet
Member since Nov 2009
86128 posts
Posted on 6/23/14 at 2:28 pm to
quote:

That would definitely put them on the hook for liability then, which is why they have waivers

Posted by REG861
Ocelot, Iowa
Member since Oct 2011
38160 posts
Posted on 6/23/14 at 2:29 pm to
quote:

Festus



I guess you've never heard of Louisiana's comparative fault scheme.
Posted by purpleleaf
Member since Aug 2011
4004 posts
Posted on 6/23/14 at 2:29 pm to
quote:

That would definitely put them on the hook for liability then, which is why they have waivers



If they got hurt while entering the water at the entry point. Do you not realize TIKI TUBING DOES NOT OWN THE RIVER.
Posted by LSU fan 246
Member since Oct 2005
90567 posts
Posted on 6/23/14 at 2:30 pm to
quote:

the potential for a DWI on the way home being a reason that tubing "isn't worth it." That can be said about any place you go where drinking is taking place. And shouldn't that be where cops watch for DWIs the most...at places where it's most likely to take place?


Yes and that's why I wouldn't drive to the bulldog on a Wednesday and drink and get in my car. The risk is just too great at a place where the cops know the patrons are easy targets. And no I don't think they should just be camped out at bars picking people off.

Its much safer to go drink at pretty much any other bar in the city on that night.

Fwiw I don't drink and drive. Tubing just didn't seem to be that great of a time considering all the bullshite that goes along with it. I'd gladly just sit by a pool instead
Posted by Topwater Trout
Red Stick
Member since Oct 2010
70025 posts
Posted on 6/23/14 at 2:30 pm to
quote:

I suppose they could be more careful and not be open during hazardous conditions, but that's about all.


To me that is LP responsibility not TT
Posted by Festus
With Skillet
Member since Nov 2009
86128 posts
Posted on 6/23/14 at 2:30 pm to
quote:

I guess you've never heard of Louisiana's comparative fault scheme.

Comparative fault scheme?

No, I haven't. Post a link to the scheme.
Posted by purpleleaf
Member since Aug 2011
4004 posts
Posted on 6/23/14 at 2:31 pm to
I guess if you were to rent a boat in Destin, Fl to go scuba diving and you were eaten by a shark, the boating company is liable? Come on man. Use a little bit of f'n common sense.
Posted by lsu2006
BR
Member since Feb 2004
40140 posts
Posted on 6/23/14 at 2:31 pm to
quote:

To me that is LP responsibility not TT

Yep. But you know they want the money that TT brings in. So what if a few people tragically die a year, right?
Posted by gmrkr5
NC
Member since Jul 2009
15143 posts
Posted on 6/23/14 at 2:32 pm to
quote:

They can't do anything about anyone running a boat up and down the river. I can't believe you actually asked that question.



i think the point of that went a little over your head there buddy
Posted by Festus
With Skillet
Member since Nov 2009
86128 posts
Posted on 6/23/14 at 2:32 pm to
quote:

Do you not realize TIKI TUBING DOES NOT OWN THE RIVER.

I think from the numerous posts he's made in this thread, the answer is no. Despite being told otherwise, he is convinced otherwise. Because they make you sign a waiver, they must own the river, and are responsible for the entire body of water, and any bodies of water that might connect to the river. That they own.
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
38160 posts
Posted on 6/23/14 at 2:33 pm to
quote:

I guess you've never heard of Louisiana's comparative fault scheme.

Comparative fault scheme?

No, I haven't. Post a link to the scheme.



LINK

Even if fault was awarded 99% to the dumbass who went tubing, there could conceivably still be liability incurred by the tubing operation if they were deemed negligent.

And having studied torts in two different classes, fault is almost never attributed 100% to any one party in negligence cases.
This post was edited on 6/23/14 at 2:36 pm
Posted by purpleleaf
Member since Aug 2011
4004 posts
Posted on 6/23/14 at 2:34 pm to
quote:

i think the point of that went a little over your head there buddy


No it didn't buddy. No one would want to run their boat there because of all the people, although I have seen air boats go by as we floated the river there before. He stated he didn't think Tiki tubing would like it but who cares. They have no say so.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
70025 posts
Posted on 6/23/14 at 2:35 pm to
quote:

Well that is because it is very often a bad combination


So we shouldn't be surprised when it does happen yet we are and people want to come up with solutions and point blame. Not sure if its a fact but if these 2 guys couldn't swim how could it be anyone elses fault? They weren't pushed into the river.

Posted by purpleleaf
Member since Aug 2011
4004 posts
Posted on 6/23/14 at 2:35 pm to
quote:

Even if fault was awarded 99% to the dumbass who went tubing, there could conceivably still be liability incurred by the tubing operation IF they were deemed negligent.



Fixed it for you. From what I've heard anyway, these guys weren't actually jumping into the river? I don't recall Tiki tubing offering cliffs to jump off of.
Posted by Festus
With Skillet
Member since Nov 2009
86128 posts
Posted on 6/23/14 at 2:36 pm to
That's not a scheme.

And yes, it is correct, anyone found liable for negligence can be held accountable for the damages, whatever percentage. And guess what, the waiver doesn't absolve them from that liability.

That's completely different from the strict liability doctrine that you have been arguing.
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