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epileptic seizures
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Jan 27, 2017 15:42:42   #
oldtigger Loc: Roanoke Virginia-USA
 
"Photosensitive epilepsy (PSE) is a form of epilepsy in which seizures are triggered
by visual stimuli that form patterns in time or space, such as flashing lights, bold,
regular patterns, or regular moving patterns."

Given that information; if i am spraying and preying on a street corner and a passing
driver loses control and kills a dozen school kids, what is my liability?

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Jan 27, 2017 15:56:12   #
MT Shooter Loc: Montana
 
oldtigger wrote:
"Photosensitive epilepsy (PSE) is a form of epilepsy in which seizures are triggered
by visual stimuli that form patterns in time or space, such as flashing lights, bold,
regular patterns, or regular moving patterns."

Given that information; if i am spraying and preying on a street corner and a passing
driver loses control and kills a dozen school kids, what is my liability?


If the driver is sober and claims your flash blinded him and caused him to lose control? 100% liability

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Jan 27, 2017 16:01:35   #
oldtigger Loc: Roanoke Virginia-USA
 
If i have been hired to shoot the high school football team and while burst shooting,
one of the players has a seizure, what is my liability now?

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Jan 27, 2017 16:04:47   #
drklrd Loc: Cincinnati Ohio
 
I think that would have to be decided in court because I know of no such court rulings as yet. Knowing the system it could happen. I mean a woman sued about hot coffee. My best advice is do that spray and pray on a corner where there is no camera owned by big brother so they don't have evidence that you caused the wreck. I would hate to pay attorney fees on that.

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Jan 27, 2017 16:05:40   #
tradio Loc: Oxford, Ohio
 
5 yard penalty with automatic first down.

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Jan 27, 2017 16:31:09   #
MT Shooter Loc: Montana
 
oldtigger wrote:
If i have been hired to shoot the high school football team and while burst shooting,
one of the players has a seizure, what is my liability now?


That would depend on how you felt when that wide receiver knocked you on your ass for tripping a flash in his face while trying to make a catch! Or maybe the coach!)

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Jan 27, 2017 16:34:04   #
Mac Loc: Pittsburgh, Philadelphia now Hernando Co. Fl.
 
oldtigger wrote:
If i have been hired to shoot the high school football team and while burst shooting,
one of the players has a seizure, what is my liability now?


I would think that in that scenario you would not be held liable.

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Jan 27, 2017 16:47:11   #
JohnSwanda Loc: San Francisco
 
MT Shooter wrote:
If the driver is sober and claims your flash blinded him and caused him to lose control? 100% liability


"Claimed" is the key word. Claiming doesn't accomplish anything; he has to "Prove" you were at fault.

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Jan 27, 2017 17:12:10   #
SharpShooter Loc: NorCal
 
oldtigger wrote:
"Photosensitive epilepsy (PSE) is a form of epilepsy in which seizures are triggered
by visual stimuli that form patterns in time or space, such as flashing lights, bold,
regular patterns, or regular moving patterns."

Given that information; if i am spraying and preying on a street corner and a passing
driver loses control and kills a dozen school kids, what is my liability?


Tigger, that would of course be for the courts to decide.
But in either situation, for to to be 100% liability, it would have to be proved that you had existing knowledge that the person involved had that pre-existing condition and you had the knowledge that it could cause harm. In the case of the player, the school would have that information on file in order to develope an IEP and related emergency plans for that student. If the parents had NOT filed the Special Medical Needs with the school I doubt you or the school would have ANY liability.
BUT, that would not stop the irresponsible parents from filing a law suit against you that you would have to vigorously defend out of your pocket. So even without liability there could be big financial repercussions.
SS

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Jan 27, 2017 17:37:26   #
oldtigger Loc: Roanoke Virginia-USA
 
So where does the liability fall when you volunteer to shoot your niece's wedding?

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Jan 27, 2017 17:37:53   #
LFingar Loc: Claverack, NY
 
oldtigger wrote:
"Photosensitive epilepsy (PSE) is a form of epilepsy in which seizures are triggered
by visual stimuli that form patterns in time or space, such as flashing lights, bold,
regular patterns, or regular moving patterns."

Given that information; if i am spraying and preying on a street corner and a passing
driver loses control and kills a dozen school kids, what is my liability?


Most all states have restrictions against anyone currently experiencing epileptic seizures from holding a driver's license. Virginia, for example, requires that a license applicant must be seizure free for at least 6 months. Here in NY it is 1 year. My sister has been epileptic all her life and has never driven a car because of it. Her seizures can be triggered by lights and pattern, but it is not an instantaneous reaction, such as as few seconds of exposure to someone with a flash. Years ago I gave her the computer game Myst. A few days later she gave it back to me because the lights and patterns in it caused her to recognize the onset of a seizure after playing it for some period of time. Everybody's case is different, but the odds of a driver with epilepsy driving past you and having an instantaneous seizure because of your flash are probably about the same as me winning the lottery, considering that I rarely ever buy a ticket!

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Jan 27, 2017 18:04:42   #
jim quist Loc: Missouri
 
I also have a daughter with epilepsy. They finally have her seizures under control. But because bright lights and loud noises cause her a lot of pain she doesn't play sports or go to any games. She also cannot get a drivers license. A flash may trigger a bad headache, but it takes something like police lights to trigger a seizure. She was riding in a car when they were pulled over and they told the officer she had epilepsy, he wouldn't turn off the lights or keep the flashlight out of her eyes and it did cause a seizure. They ran a story in the newspaper and the officer lost his job. MIhbt add this was in a small town.

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Jan 27, 2017 18:57:18   #
jethro779 Loc: Tucson, AZ
 
jim quist wrote:
I also have a daughter with epilepsy. They finally have her seizures under control. But because bright lights and loud noises cause her a lot of pain she doesn't play sports or go to any games. She also cannot get a drivers license. A flash may trigger a bad headache, but it takes something like police lights to trigger a seizure. She was riding in a car when they were pulled over and they told the officer she had epilepsy, he wouldn't turn off the lights or keep the flashlight out of her eyes and it did cause a seizure. They ran a story in the newspaper and the officer lost his job. MIhbt add this was in a small town.
I also have a daughter with epilepsy. They finally... (show quote)


Sounds like it might have been Lebanon.

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Jan 27, 2017 20:19:43   #
Shellback Loc: North of Cheyenne Bottoms Wetlands - Kansas
 
Talk to your lawyer - they have the answer.

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Jan 27, 2017 20:50:08   #
boberic Loc: Quiet Corner, Connecticut. Ex long Islander
 
oldtigger wrote:
If i have been hired to shoot the high school football team and while burst shooting,
one of the players has a seizure, what is my liability now?


That's what liability insurance is for. Get an umbrella policy. Ask an insurance broker. A 1 million dollar policy costs about 250 a year. It's sleep good at night money.

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