Where Your Dreams Become Reality
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Poster: present, esq.
Subject: RE: Unregistered MudRun participant sues when paralyzed
There more I think about this, the more I suspect that this guy's unregistered status would not be allowed in evidence--if this business ever actually came to trial in front of a jury.
If that status did get into the trial, plaintiff could make an argument that the race organizers should have made a reasonable effort to ensure the people wearing numbers were the people who'd actually signed up. (Of course, "industry standard" comes into play here...)
Actually, I agree with previous posters who've suggested that plaintiff might have a good case against the person who gave him her number (did she adequately relay to him the information she had received about the nature of the race, and what the waiver had actually waived?); but of course one of the principles of tort litigation is that you go after the person(s) with deep pockets.
Overall, though, I suspect that plaintiff's unregistered status will probably not be involved--and a judge might keep it out of a trial, to keep from prejudicing a jury.
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