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skybytch

down's syndrome skydiver

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As an attorney, though, let me just toss out something for DZOs to think about. If it really is the case that people with Downs Syndrome have the intellectual ability of a child, how does that impact their legal capacity to sign a waiver? As we all know, children cannot legally sign waivers (which are basically contracts). I have not researched the law on this, but I suspect that waivers signed by individuals with Downs Syndrome may not be binding. If that is the case, DZOs are taking a huge risk by letting these folks skydive. A bad injury, or God forbid, a fatality, could result in a very costly lawsuit in which the waiver might not provide any protection. I would welcome the input of any other lawyers out there who might know more about this issue than me.



Perhaps I misunderstand the nature of these things, but I believe the problem with letting a guardian sign for a minor is that the minor can bring suit when they reach the age of majority. In this case (barring a miraculous cure for Down Syndrome), who would have standing to sue other than the guardian that signed the release?

Blues,
Dave
"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

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Casey: (I wanna play)...Football.

interviewer: is it better than skydiving?

Casey: No. It's not better than skydiving. No.



Being an ex-football player, that part made me laugh out loud. I thought it was great cuz I can relate. Had to email it to everybody.
"Great spirits have always encountered violent opposition from mediocre minds." -Albert Einstein

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