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To: EDINVA
an adult signing a release does so for him/herself, his/her heirs and assigns.

The release may say that but it's not enforcible. The woman had no legal standing to sign someone else's legal rights away.

56 posted on 01/18/2007 7:37:56 AM PST by Reeses
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To: Reeses

I'm trying to think this thru. I am not a lawyer, but 'standing' might vary from jurisdiction to jurisdiction.
Does the family have legal standing to sue? On what grounds?

If Mrs. Strange signed a release on behalf of herself and her heirs and assigns, acknowledging risk, including injury and death, and willingly participated in the activity I don't see how they get standing. That boilerplate language isn't in these releases for nothing.

If I take my 2 year old to McDonalds for a "Happy Meal" and s/he decides to eat a small part of the enclosed toy, which comes in a bag warning that small parts are dangerous for children under 3, but I let him/her eat it anyway, and the child chokes and dies, do I have standing to sue McDonalds ?
In that case, of course, there's no release I'd have signed.
But I had been warned.

I think this family would find some interesting legal hurdles, but believe the station owners will settle quickly to get it behind them to avoid the cost of litigation and bad PR.

It'll sure be interesting to watch. In the meanwhile, I do pray for her family, it's such a shame those kids lost their mother and the husband his wife.


59 posted on 01/18/2007 9:05:28 AM PST by EDINVA
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