Should Cheruiyot Sue?

I believe when you fill out a race registration you have to sign saying you are running at your own risk & will not sue if anything happens.

I couldn't find the 2006 registration on their website, but a search of archive.org allowed me to find the waiver for the 2005 registration, which is likely identical to the waiver for this year.

He would only sue if Chicago are not prepared to compensate him for injuries and lost time training. Some people are prepared to settle their difference and pay for their mistakes without having to go to court. I'm sure Chicago would come to some sort of settlement with him, rather than risk the lawsuit. Just don't expect an official "we were wrong" statement. In fact it looks like Cheruiyot's people are already towing the same "it's not Chicago's fault" line, which would likely be part of any settlement.

In electronic communication with WiT Michelle Keller of the Chicago Tribunes' Metro Desk assures us she will continue to give this topic her attention.

Haji wrote:

*****

No one could have forseen that someone might slip and fall on a wet slick surface, WTF??????

Maybe next year they should hire a typical letsrun loser to work the finish and point out obvious stupid shit to typical dumbasses like you.

There's a reason why no one has hired an angry punk like you.

"The decal is made of non-skid, non-slip material and is designed specifically for outdoor sports in all-weather conditions, said Marianne Caponi, a race spokeswoman.Similar decals are used in marathons around the world, Caponi said. In the past, race organizers used to paint the ground, but a decal is now used because it is supposed to be less slippery, she added."

dude, you can't sue for getting hurt in a race. doesn't anyone read those race waivers that you sign before every race? It says that you won't sue if you get hurt for any reason.

No law suit wrote:

He would only sue if Chicago are not prepared to compensate him for injuries and lost time training. Some people are prepared to settle their difference and pay for their mistakes without having to go to court. I'm sure Chicago would come to some sort of settlement with him, rather than risk the lawsuit. Just don't expect an official "we were wrong" statement. In fact it looks like Cheruiyot's people are already towing the same "it's not Chicago's fault" line, which would likely be part of any settlement.

Yes. Considering the nice things his agent has been saying at the press conferences I'd bet the chicago people have already assured him that he will be compensated. No court required.

I agree that he should not and will not sue. Americans suck.

jaguar1 wrote:

What about the waiver you sign on the registration saying you assume the risk of injury and won't hold those involved with the race responsible?

No. The waiver does not protect the RD against acts of negligence. The waiver is virtually worthless in most cases.

My hometown marathon is now defunct because someone won a judgement against the organizers. It wasn't a completely closed course since it only had a few hundred entrants.

They had the standard line in the entry application about "run at your own risk" and all but a woman got hit by a car and was moderately injured. Get this though, the woman that got hit was not an official entrant. She was riding her bike while pacing an entrant during the race. She still won a large payout as the area I live in is very liberal about "Somebody got hurt, somebody gotta get PAID! Go figure???

Has the race director come out and at least expressed regret ?

The statement we will look at all aspects of the race sounds like he is deflecting attention from the incident.

luv2run wrote:

No. The waiver does not protect the RD against acts of negligence. The waiver is virtually worthless in most cases.

I think luv2run is right here. These waivers are designed to discourage you from suing but in many cases (and depending on the jurisdiction) they are not enforceable. No need to sue yet, he should see what he can get quietly - the race, bank, sponsors will want to settle out of the press. If they lowball him then he'd probably consider suing. Is his agent related to Dr. Rosa? If so, he's no dummy and will make sure his guy gets compensated for the time he can't run.

jaguar1 wrote:

What about the waiver you sign on the registration saying you assume the risk of injury and won't hold those involved with the race responsible?

Those aren't worth the paper they are printed on. The most they can do is convince people who get injured that they don't have the right to compensated and made whole when they do.

Helpful wrote:

Haji wrote:

*****

No one could have forseen that someone might slip and fall on a wet slick surface, WTF??????

Maybe next year they should hire a typical letsrun loser to work the finish and point out obvious stupid shit to typical dumbasses like you.

There's a reason why no one has hired an angry punk like you.

"The decal is made of non-skid, non-slip material and is designed specifically for outdoor sports in all-weather conditions, said Marianne Caponi, a race spokeswoman.Similar decals are used in marathons around the world, Caponi said. In the past, race organizers used to paint the ground, but a decal is now used because it is supposed to be less slippery, she added."

You must think I'm unemployed? Sorry, but I've been employed most of my life and I'm not angry. I was just replying to your smart ass post.

It's obvious that they did not intend for the banner to be slick. But if you watch the video it obviously was. His feet slide out from underneath him like he hit an ice patch. Hopefully he will recover just fine, get back to running and there will be no need to sue.

I bet he'll tiptoe across the next finish line though.

Looks like he doesn't have any hard feelings. He's already committed to run Chicago next year.

I like how everyone is commenting on how horribly slick the decal was as if they know anything about it. None of us actually know if the decal was any more or less slick than the road. We assume it was because a guy slipped and fell.

But when you consider that he was sprinting at that time, then slowed dramatically and raised his arms, it's not a big surprise that he slipped. Try doing that on wet pavement sometime.

Had the officials not played it safe and instantly removed the decal from the ground in full view of the cameras, I think a lot less people would have instantly jumped to the conclusion that the decal was a "slippy slide death trap".

Considering that two other guys ran over it with no problems and reportedly the same material is used at races all over the world, I would think that the blame does not rest solely on the decal.

Sometimes are just accidents and there doesn't have to be someone to blame.

Perhaps the shoes caused him to slip and fall. THAT IS THE ISSUE. WHAT KIND OF SHOES WAS HE WEARING. WHO'S HIS SPONSOR. If that's the case, and no he shouldn't sue, but if he did, perhaps he could sue the shoe manufacturer (his sponsor). Yeah, that would go over real well. Like another hole in his head.

He slipped and bumped his head. He'll be o.k. Plus, he signed a liability waiver, so he wouldn't be successful in attempting to void and/or ignore it. Plus he earned pretty good coin in winning and will likely win the world marathon series.

There are oodles of cases on this topic at sporting events involving willing participants and their inability to sue --these cases have involved hockey and pucks, baseballs, basketballs, tennis balls, golf balls, etc.

of course not, Cheruiyot: What a gracious attitude.

We could all learn from him.