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Termyn8or -> RE: BDSM session gone wrong on "America's Court with Judge Ross" (7/27/2013 10:39:58 AM)
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quote:
Term, I'm pretty sure that any contract to engage in illegal activity (Assault, let's just say) is automatically null and void. I know I frequently hear that "you can't have a contract to do something illegal".
I agree about the "difficulties", but there is one other thing. What about boxing ? Boxing, wrestling, in fact any sport. You can't sign off ? Well that means that if you get hurt as a professional football player you could sue the other players right ?
That is my point, there IS a way I just don't really know it. I know they stopped doing it but they used to have bear wrestling in some of the bars around here. They got the bear all high on (the bear equivalent of) valiums or something so he wasn't really vicious, plus he was used to people, but obviously it is quite possible to get hurt. Somehow you need to not get sued out of business.
So what then is the difference ? Even the boxing example, there is amateur so there is no compensation. That can't be it.
Now granted certain misconduct on a football field could get one sued. For example pulling out a gun and shooting a player on the opposing team would be a nono. There would also be criminal liability. But if the issue is the letter of the law and nothing but, those players, within the rules, commit assault and batter upon each other in every game.
I can see it now "The plantiff charges that the defendant assaulted and battered him while in the perfomance of his lawful employment deliverig a product (commonly referred to as a football) to a specific location (across the goal line) in a timely manner (before the fourth down). Plantiff also seeks damages for restraint of trade and violation of civil rights"........
So, while it may not have been found as of yet, I do believe there is a way. Now we get to another point. Even though there is say a waiver that holds water under normal circumstances, we are talking about a dislocated shoulder. First of all I'm sure it was an accident, as would be a broken bone in a football game, but the wreckless conduct could result in legal culpability. But under normal circumstance, a player is quite indemnified.
It cannot really cover permanence either, otherwise piercers and tatooists would have to just stop. The guy who got busted years ago for branding his kids, with their consent, if they would have been of age legally there would not have been a problem. If you can lkegally stick needles in it and put holes in it, why not burn it ?
Someday some hotshot kinky lawyer might really find a way. I am almost sure that it would entail considering/treating the session as a sporting event. Perhaps an endurance test approach ?
With all the legal mumbo jumbo in this country, I am sure it can be done, but like I said I am not so sure that I could do it. I KNOW it would have to be like a sporting event. Endurance test. Something like that. Restraint isn't shit, look at the shit they did on Fear Factor. Damn, that one where they got the Woman strapped down with all the tarantulas and crickets crawling all over her is HOT, regardless of the squick factor. But some of those stunts do qualify as torture plain and simple. (about that episode, there was one Woman who couldn't do it and they backed out, I always wondered why she didn't say to her Husband "How about YOU go in the tank and I get the key and get you out ?)
Damn, you know what ? They don't need waterboarders to torture people in Gitmo, just get Joe Rogan and the boys down there !
Even the non-bondage stunts, some of the things they ate are dangerous to eat. Insects that have barbs to tear up the esophagous and all that, nasty if you don't do it right or are unlucky. And what of stuntmen in the movies ?
There has to be a way.....
T^T
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