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paramount.
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July 12, 2014 at 10:00 AM #776470July 12, 2014 at 10:03 AM #776471
scaredyclassic
Participantwell maybe it’s not worh 500k. probably not. i don’t know what the damages are. be a lot better obviously for the case if he got a body part chewed off…
still, on the other hand, his level of fear was probably off the charts. as far as emotional distress claims go, assuming the fishermen’s acts were intentional, it’s hard to get better than startling a dude swimming along with a hooked shark…
the fishermen needed to cut that baby loose. before the swimmers got too close…
July 12, 2014 at 10:05 AM #776472scaredyclassic
Participantthe fishermen took his chances going swimming that a random freeswimming shark might bite him. But he didn’t take the risk of some fisherdudes who were fighting witha hooked shark would allow their fishing to intersect with his swim path. Clearly the fishermen had a better vantage point to recognize the impending danger from the higher point of the pier.
no more pier fishing unless there is a pier monitor/cop who is financed by pier fishing fees. or the city can get insurance for this kind of crap.
July 12, 2014 at 10:08 AM #776474scaredyclassic
Participantit’s not a native californian thing, though. I think globally, people find fear funny. except for me. because im so scared. im scaredycat! scaredy will never laugh at your fear.
July 12, 2014 at 10:09 AM #776475NotCranky
ParticipantOne should have the good sense not to swim next to piers. Even as a kid I thought it didn’t make sense . Just from the idea that people are casting dangerous hooks and lures and that It would be wrong to get in their way or scare the fish. I have sympathies to fisher people too I guess.
Probably some history between the fishermen and the other water users. Too crowded.
July 12, 2014 at 10:13 AM #776476NotCranky
ParticipantI agree the fisherman was an ass but in general swimming near piers and especially fishing piers is unwise. Dumb and Dumber…not city liability unless it was a sanctioned swim event. Should the law be responsible for the damage law breakers cause If the fisherman broke laws? It’s easy to fish for sharks unless someone is sitting there watching your every move.
July 12, 2014 at 10:27 AM #776477CDMA ENG
ParticipantWell then… I’ll admit to being a jerk…
I have laughed at guys jumping out of the water when a fin pops of of the water and everybody pulls their feet and hands in.
I have been laughed at in turn.
Perhaps its just a sick joke that us water-men share.
What no one has considered so far is that despite the danger… Those Native Californians put their own lives at risk and went to the aid of that man.
And let me add… Almost every time there is a shark bite rescue it was made by a civilian. Not a professional. As the civilian is always the first to the scene.
Surfing is a sport that transcends all lines (yes I realize he was a swimmer but I am using surfing as the sample set). Poor, rich, educated or not, and ethnic, and is a good sample set of all Californians. Never once have I seen people swim away from the danger of someone in need. Every single time I have seen someone hurt, risk or not, and with no connection to the injured, have been quick to the aid of that person.
So I reject the idea that Native California are uncaring. In fact I would say that we are above the norm in terms of a caring society. I can say that having literally lived all over this country.
Simple fact is every time you get into the water there is a risk factor associated with it. Whether or not the fisherman added to that risk is irrelevant. Period.
Part of the reason I stay here in CA is for the culture and the people.
That is a compliment to us all.
CE
July 12, 2014 at 10:41 AM #776478scaredyclassic
Participant[quote=CDMA ENG]Well then… I’ll admit to being a jerk…
I have laughed at guys jumping out of the water when a fin pops of of the water and everybody pulls their feet and hands in.
I have been laughed at in turn.
Perhaps its just a sick joke that us water-men share.
What no one has considered so far is that despite the danger… Those Native Californians put their own lives at risk and went to the aid of that man.
And let me add… Almost every time there is a shark bite rescue it was made by a civilian. Not a professional. As the civilian is always the first to the scene.
Surfing is a sport that transcends all lines (yes I realize he was a swimmer but I am using surfing as the sample set). Poor, rich, educated or not, and ethnic, and is a good sample set of all Californians. Never once have I seen people swim away from the danger of someone in need. Every single time I have seen someone hurt, risk or not, and with no connection to the injured, have been quick to the aid of that person.
So I reject the idea that Native California are uncaring. In fact I would say that we are above the norm in terms of a caring society. I can say that having literally lived all over this country.
Simple fact is every time you get into the water there is a risk factor associated with it. Whether or not the fisherman added to that risk is irrelevant. Period.
Part of the reason I stay here in CA is for the culture and the people.
That is a compliment to us all.
CE[/quote]
Personally I’m scared of the water. You guy are all excused from my jury.
July 12, 2014 at 10:41 AM #776479NotCranky
ParticipantCome to think of it I bet there are laws about how close to the pier one can swim. Maybe a couple hundred yards?
July 12, 2014 at 10:42 AM #776480NotCranky
Participantdupe
July 12, 2014 at 10:44 AM #776481scaredyclassic
ParticipantThere’s risk to being on the roadways. But we don’t accept the risk of behavior that is grossly negligent. If the fishermen were toying with that shark on the line and saw the swimmers approaching the shark and had the opportunity to cut the shark loose well that doesn’t seem much different than running someone off the road.
City liability a different issue but we can sort that out later.
July 12, 2014 at 10:45 AM #776482scaredyclassic
Participant[quote=Blogstar]Come to think of it I bet there are laws about how close to the pier one can swim. Maybe a couple hundred yards?[/quote]
City should put out buoys to make restricted area.
July 12, 2014 at 11:00 AM #776483NotCranky
Participant[quote=scaredyclassic][quote=Blogstar]Come to think of it I bet there are laws about how close to the pier one can swim. Maybe a couple hundred yards?[/quote]
City should put out buoys to make restricted area.[/quote]
Tax payers you mean. Am I my brothers keeper? If you want to play where everything is roped off go to Disneyland.July 12, 2014 at 11:08 AM #776484scaredyclassic
ParticipantLike dividers on the freeway. Why pay for that.
It’s reasonable to pay for those.
I don’t know if this is a decent case. But it seems like it might have some value.
Once you build the pier you have a duty to maintain it maybe regulate crazy shit going on on it.
July 12, 2014 at 11:16 AM #776485NotCranky
Participant[quote=scaredyclassic]Like dividers on the freeway. Why pay for that.
It’s reasonable to pay for those.
I don’t know if this is a decent case. But it seems like it might have some value.
Once you build the pier you have a duty to maintain it maybe regulate crazy shit going on on it.[/quote]
I could go with the buoy thing. If I saw them I wouldn’t think they were out of place anyway, as crowded as things get nowadays. But I hope there is no decent case against the municipality in this instance.
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