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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 8:04:43 PM   
Charles6682


Posts: 1820
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From: Saint Pete,FL
Status: online
My personal opinion, I feel the Domme was being careless but I don't think she meant any harm intentionally.

< Message edited by Charles6682 -- 7/27/2013 8:07:14 PM >


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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 8:09:23 PM   
Charles6682


Posts: 1820
Joined: 10/1/2007
From: Saint Pete,FL
Status: online
That's it, his safeword was "hot sauce" and she thought he said harder. Note to self, don't use hot sauce as a safe word.

quote:

ORIGINAL: Missokyst

The episode involved a dislocated shoulder. His safe word was hot sauce, but she had him gagged and inaudible. She tightened the ropes tighter and tighter and as the pain rose to intolerable levels, he tried saying hot sauce and she heard harder. He had sessioned with her on prior dates but that time she was harder on him and had added the gag.
She was not insured, and in my opinion got what she deserved. As a pro she should be insured and more importantly should be paying attention to her PAYING client. If I as an amature is topping someone I am not going to ignore it when someone is trying hard to express himself to me. If she could not hear that he was saying hot sauce maybe it is time to take off the gag, for petes sake. She lacked sense.



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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 8:12:40 PM   
Toysinbabeland


Posts: 1693
Joined: 3/4/2012
From: the other end of Cx's leash
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quote:

ORIGINAL: Charles6682

My personal opinion, I feel the Domme was being careless but I don't think she meant any harm intentionally.



what is careless about her actions is the simple fact that she was responsible for being able to perceive her subject's limits, based on either a spoken word or hand gesture.
she gagged his mouth.
she bound his arms and hands.
how responsible is it on her part to eliminate his ability to properly communicate?
she was responsible for his health and well being.

This is the mark of an inexperienced or careless top.

(in reply to Charles6682)
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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 9:36:55 PM   
Baroana


Posts: 1480
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Guys, America's Court is a fake show. It's just actors.

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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 9:37:23 PM   
njlauren


Posts: 1577
Joined: 10/1/2011
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quote:

ORIGINAL: Termyn8or

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


Sports aren't exempt, parents have sued little league and school sports programs for negligence, even though to play kids parent's sign waivers. The answer is if negligence is involved, where an accident could be avoided or the injury happens because of stupidity, there is no defense in saying the person signed the waiver. If a football coach runs kids in 100 degree heat and a kid collapses into heat stroke, the program could be sued if the actions were felt to be negligent. Football players have a class action lawsuit against the NFL, arguing that it ignored mounting evidence about brain trauma that is causing pro football players to end up with 85 year old brains at the age of 40......



(in reply to Termyn8or)
Profile   Post #: 25
RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 11:15:45 PM   
Termyn8or


Posts: 18681
Joined: 11/12/2005
Status: offline
Then eliminate all sports as well as scenes. No more, sorry, it ain't safe. It is over.

Oh, BTW, all of them ? All NFL players ? Or just some of them ?

Fukum, if they want to live fast, do it. Just do it. And little league, there is already a thread on that. What is the negligence in failing to predict where a ball hit with a bat will fly and its trajectory ?

The "law" seeks to eliminate all risk. This is not posiinble so I am not willing to pay for it. So I am not willing to pay taxes. Quit that shit and I might decide to but as long as this fucking idiocy continues it will not do it on my dime.

T^T

(in reply to njlauren)
Profile   Post #: 26
RE: BDSM session gone wrong on "America's Court wi... - 7/28/2013 5:01:16 AM   
Charles6682


Posts: 1820
Joined: 10/1/2007
From: Saint Pete,FL
Status: online
You mean its like watching a WWE wrestling show then?!

quote:

ORIGINAL: Baroana

Guys, America's Court is a fake show. It's just actors.


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RE: BDSM session gone wrong on "America's Court wi... - 7/28/2013 8:32:38 AM   
graceadieu


Posts: 1518
Joined: 3/20/2008
From: Maryland
Status: offline
quote:

ORIGINAL: Termyn8or

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.


Right. With liability waivers, the party being granted protection (such as the football coach, boxing venue, or whatever) still has to act in good faith to ensure as much safety as possible. If they're negligent or reckless (ETA: or worse), they can still be culpable. So, I'd think that if a pro football player hurts his leg and can't play because he got tackled, he can't sue the other team, but if he gets the same injury because the other team went in the locker room and beat him up, he could.

I would think, if engaging in BDSM activities was legal in that state, and a pro-domme had a waiver, she would still have to act in good faith to try and keep her client from actually being injured. It doesn't sound like this lady did.

< Message edited by graceadieu -- 7/28/2013 8:33:44 AM >

(in reply to Termyn8or)
Profile   Post #: 28
RE: BDSM session gone wrong on "America's Court wi... - 7/28/2013 11:49:13 AM   
MasterCaneman


Posts: 3842
Joined: 3/21/2013
Status: offline

quote:

ORIGINAL: Charles6682

That's it, his safeword was "hot sauce" and she thought he said harder. Note to self, don't use hot sauce as a safe word.

quote:

ORIGINAL: Missokyst

The episode involved a dislocated shoulder. His safe word was hot sauce, but she had him gagged and inaudible. She tightened the ropes tighter and tighter and as the pain rose to intolerable levels, he tried saying hot sauce and she heard harder. He had sessioned with her on prior dates but that time she was harder on him and had added the gag.
She was not insured, and in my opinion got what she deserved. As a pro she should be insured and more importantly should be paying attention to her PAYING client. If I as an amature is topping someone I am not going to ignore it when someone is trying hard to express himself to me. If she could not hear that he was saying hot sauce maybe it is time to take off the gag, for petes sake. She lacked sense.



.




Attachment (1)

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(in reply to Charles6682)
Profile   Post #: 29
RE: BDSM session gone wrong on "America's Court wi... - 7/28/2013 1:30:26 PM   
Charles6682


Posts: 1820
Joined: 10/1/2007
From: Saint Pete,FL
Status: online
That is funny Master Caneman. "Note to self" don't use that as a safe word either. Whatever that word is!

quote:

ORIGINAL: MasterCaneman


quote:

ORIGINAL: Charles6682

That's it, his safeword was "hot sauce" and she thought he said harder. Note to self, don't use hot sauce as a safe word.

quote:

ORIGINAL: Missokyst

The episode involved a dislocated shoulder. His safe word was hot sauce, but she had him gagged and inaudible. She tightened the ropes tighter and tighter and as the pain rose to intolerable levels, he tried saying hot sauce and she heard harder. He had sessioned with her on prior dates but that time she was harder on him and had added the gag.
She was not insured, and in my opinion got what she deserved. As a pro she should be insured and more importantly should be paying attention to her PAYING client. If I as an amature is topping someone I am not going to ignore it when someone is trying hard to express himself to me. If she could not hear that he was saying hot sauce maybe it is time to take off the gag, for petes sake. She lacked sense.



.





_____________________________

Charley aka Sub Guy

http://www.Facebook.com/SubGuy

https://Twitter.com/SubGuy6682

(in reply to MasterCaneman)
Profile   Post #: 30
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