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388
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1
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Near the beginning
Add a short discussion toward the beginning of how dangerous the ice ride might be compared to other activities, like skiing or riding a bike. There were thousands of these rides before this accident – how does that compare with other sports? Do a quick google for inner tube rides on ice and snow, and there are a fair number of hits, like this one that involves a "fun lift", sliding 90 meters down a hill in an inner tube. http://www.accessworldwide.com/mountains/titlis_intro.htm
"Although the plaintiff’s accident was unfortunate, riding an inner tube on the ice or snow is not unusual, and it is not inherently dangerous. Many activities come with a certain amount of risk. For example every year many people participate in riding bicycles, horses, skiing, and other sports that involve vigorous activity. People who choose to participate in these activities, also choose to accept these risks because of the fun and personal fulfillment they get from these activities.
I’m sure we all agree that it is unfortunate when someone is hurt, and believes that it was someone else’s fault. Having an accident, even an unfortunate one, does not always mean that the activity is itself unduly dangerous, or that someone else should be sued and have to pay damages."
The phrase "which does not surprise anyone" is a little harsh on yourself. She, after all is still presumably being prayed for by her old friends at the church. Since you represent the church, add on some direct references to God. So something like "We are dismayed and heartbroken that the plaintiff has decided to sue our church." and "She is in our prayers daily. With great humility, we hope we have the right to be happy to think that those prayers have contributed, in some small measure and with God’s good grace, to her continued improvement."
Give em hell. Hope some of this is useful.
Mike
Add a short discussion toward the beginning of how dangerous the ice ride might be compared to other activities, like skiing or riding a bike. There were thousands of these rides before this accident – how does that compare with other sports? Do a quick google for inner tube rides on ice and snow, and there are a fair number of hits, like this one that involves a "fun lift", sliding 90 meters down a hill in an inner tube. http://www.accessworldwide.com/mountains/titlis_intro.htm
"Although the plaintiff’s accident was unfortunate, riding an inner tube on the ice or snow is not unusual, and it is not inherently dangerous. Many activities come with a certain amount of risk. For example every year many people participate in riding bicycles, horses, skiing, and other sports that involve vigorous activity. People who choose to participate in these activities, also choose to accept these risks because of the fun and personal fulfillment they get from these activities.
I’m sure we all agree that it is unfortunate when someone is hurt, and believes that it was someone else’s fault. Having an accident, even an unfortunate one, does not always mean that the activity is itself unduly dangerous, or that someone else should be sued and have to pay damages."
The phrase "which does not surprise anyone" is a little harsh on yourself. She, after all is still presumably being prayed for by her old friends at the church. Since you represent the church, add on some direct references to God. So something like "We are dismayed and heartbroken that the plaintiff has decided to sue our church." and "She is in our prayers daily. With great humility, we hope we have the right to be happy to think that those prayers have contributed, in some small measure and with God’s good grace, to her continued improvement."
Give em hell. Hope some of this is useful.
Mike
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