Who's to blame?

Surfer pays. At first I was thinking one takes a risk just by entering the water to either swim or surf... but when it says the board was not attached via surfboard leash... Surfer pays up.

 

I have to agree unless, it is a surfing only zone. Why couldn't the lady get out of the way.... thats my question

 

No leash = you lose every time

 

if a surf-only zone then the lady. if not then the surfer.

 

I do remember reading a thread on here where a vacationing SUPer dropped in on a local and dinged his face and then went to the hospital with him and paid for his damages. I do wonder though as to where she was swimming though.

 

Im pretty sure it says on the leash packaging that the company assumes no risk and makes no guarantees and is provided as a convenience accessory only.

 

My question is why anyone would surf without a leash at a fairly populated beach. It's seems like you would be asking for trouble. I hate when swimmers get in the way where I am surfing, but they have the same right to be there as I do. I just try to keep my distance as much as possible, and keep that leash strapped on securely.

 

What if the board hit another surfer in the face?
You take a chance and get in the water you better pay att! Is she going to sue the state if she steps on glass or a 2x4 from an old house hits her? This is Texas/the Gulf,,, and we get hit with all kind of **** that comes down the brazos river. she is more lucky then my friend that was hit with a 2x4 with a rusty nail in it that stabbed him in the gut when he eat **** on the shorebreak! You take a chance and get in the nasty Gulf water you better pay att! If you don't know where your swimming,,don't go swimming there!
Most people around here don't swim with the surfers and why the hell take a swim in the nasty gulf of mexico where there are people surfing rather than the pool at your hotel? I could understand this better if it were a jetski or boat to close to people swimming, but is there a law that states surfboards, skim boards and boggie boards must be 1000ft from anyone.

 

There may be a leash law, like we have on some SC beaches. In that case, the surfer is really boned.

 

Anyone notice that the accident happened in 2011? But she only filed the lawsuit now? I agree that the surfer screwed up and is liable for medical expenses. But what's with the delay?

 

That was my first thought too. The guy probably should have had a leash but if it was such a big deal than why wait so long to say something.

 

What if a shark attacked her? Who could she sue then? What if the surfer broke his neck while wiping out to avoid hitting touron lady? Could he then sue her? It's all retarded, SWIMMERS/BEACH GOERS SHOULD BE LESS OBLIVIOUS AND ENTITLED. Enter the ocean at your own mother f*cking risk.

 

If you hurt someone you are liable and can be sued. Take it from me I sell general liability insurance for a living. Now if a leash fails or the swimmer violates a no swimming zone the it could be different. Perfect on land example for liability. I backed out of my driveway and hit a car parked just beside my driveway, not blocking it but in a no parking zone. The side of my back bumper and door scraped thier front bumper as I backed out. The owner of the car (who was visiting ) and the owner of the home were pissed and screaming at me that I was responsible. I called the local Police who informed the owner that she was liable for my damage and wrote her a ticket for parking in a no parking zone. Now here I clearly was the one who caused the damage, she was in the house and not in her car, I backed out with out looking to my left as this is a no parking zone and there should not be anyone there and yet she became liable since she was in violation of the law.

Lee check out this shark law suit:

http://overlawyered.com/2005/03/honeymoon-shark-attack-lawsuit/

And one saying city is not liable:

http://answers.google.com/answers/threadview/id/192413.html

 

none of this is the same as the surfer who didnt use a widely available and affordable device which would have secured the board his leg. Also the person who said, what if she stepped on a piece of glass on the beach, who could she sue... most likely no one could be successfully sued.

 

What the ocean is turning into a ski resort. Forget that. So a true local cant dodge me cuz I was in the wrong spot?... Example skiing down the run and a kid comes out of woods in the air and either I knock him out of way or catch him and come to stop. I did later. Dad screams at me . For saving his kids asc.... I said u all didn't abide by the code and apologize or get beat down in front of ur kid. Ski resorts r filled with this **** n lawyer are scooping it up. If they can't see people surfing then they r dumb askesss. Rich people only think they r right. If we choose to surf without a leash generally it's for a reason. Cuz we don't want to drown in a tough place we know. Look at ski resort lawsuits. U buy a pass to ski public land as soon as u buy they r off the hook. Last time I looked ocean was free. Sure good karma is, is good karma. Like my mama said stupid is what stupid does

 

Did you get too close to the printer ink, or paint thinner?

 

Leashes can be dangerous.

Also it is best to assume that no leash will workl.