Tag Archives: Assumption of risk

Swim at Your Own Risk, by Eric Peters

Once upon a time Americans were free to take risks . . . and bear the consequences. From Eric Peters at ericpetersautos.com:

Little things can tell you a lot. For instance, the signs they used to hang by the entrance to hotel swimming pools and adjacent to the paths that led to public beaches that read:

Swim at Your Own Risk.

These signs were common before the 1990s – which is roughly the era when America began to transition into something fundamentally different, kind of like Bruce.

Whatever its faults, the America that existed before the ‘90s was a place that was still largely in favor of personal responsibility, which requires the exercise of the individual’s judgment, enlightened by the prospect of positive gain – but chastened by consequences for the exercise of poor judgment.

In the case of swimming pools, it was culturally and socially expected that you knew how to swim if you went for one and that if not, you didn’t – in the absence of a lifeguard. If you were dumb enough to go for a swim when you didn’t know how and ended up drowning, that was on you – not the hotel. Or the county where the beach happened to be.

Just as it was on you, if you happened to be a parent, to keep track of your kids. If you didn’t and one fell into an unattended pool, that was due to your irresponsible/negligent parenting – not because the hotel didn’t keep a lifeguard posted or keep the gate locked otherwise.

Other parents weren’t held responsible, either.

Well, what happened?

Probably someone who didn’t want to accept blame for their own poor judgment decided to hire a lawyer – so as to drape the blame around someone else; i.e., the hotel or whomever else could be conveniently made to pay for the “constructive hazard” they chose to avail themselves of – or allowed their children to avail themselves of, unsupervised.

The lawyers, of course, made money.

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Return of the Archons, by Eric Peters

Once upon a time people were free to assume risks if they wanted to, and they had no recourse if things didn’t work out. From Eric Peters at ericpetersautos.com:

When one joins a gym one generally signs a waiver of responsibility document that says you agree it’s not the gym’s fault if you have a heart attack while working out – and so on.

Basically, you agree to assume the risk of working out there in exchange for being able to work out there.

If you do have a heart attack, it’s a tragedy. But the gym doesn’t get the bill – and none of the other members are required to submit to a cardiovascular exam before being allowed to hit the weights. Everyone isn’t presumed to be a heart-attack-in-the-making. Everyone is presumed to be healthy – and treated accordingly.

Another example that was once common was the sign at a pool that read: No Lifeguard on Duty – Swim at Your Own Risk.

And people did.

Why can’t they again – so to speak?

At gyms – at bars and restaurants. Everywhere.

Worried you might get sick? Then don’t go inside. Worried someone else might get sick? That’s their business.

Mind your own.

No one’s forcing you to work out or eat or shop among the unDiapered. And the Undiapered aren’t forcing you to take off your Diaper, either.

Those who go inside agree – on the record – that they’re not worried about getting sick and that they’re willing to assume the risk of working out or eating or having a cup of coffee with friends, unDiapered.

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