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Is the ski resort responsible? - Page 3

post #61 of 64

I guess I ruffled some feathers here.

 

To clarify, I was just trying to help explain to the OP what the law actually is, rather than what some of us might wish it to be.  I don't think that's "encouraging him to sue" - on the contrary, most likely he'll realize upon further research that there's no case and any attempt to sue will be thrown out on summary judgment. That's what happens with something like 99% of ski injuries.  Is this incident one of the 1%?  I don't know  and can't possibly know given the facts at my disposal.  But "no" would be the smart way to bet.

post #62 of 64

I did search some cases about binding settings and all of the ones I found (skilaw.com) were thrown out for insufficient evidence. I think someone would need the rental paperwork, a photo of the DIN settings at the scene, 3 witnesses, and a video for it even to be considered.

post #63 of 64

Hmmm... which ones are those?  I could only find three cases involving bindings on skilaw.com.  In all three the defendant requested summary judgment and in all three cases it was denied.  It doesn't say what the outcome was (settlement, verdict in favor of plaintiff, or vedict in favor of defendant.)

 

In particular, one of them  found that release of liability that the customer signed  is unenforceable. Jozewicz v. GGT Enterprises,  2:09-cv-00215-CWUnited States District Court, Tenth Circuit (2010) http://skilaw.com/utah-ski-law/

 

 

Rental and ski patrol are meticulous about keeping records of these things.   My understanding is that if the paperwork doesn't check out the insurance company settles fairly quickly. If it does (and it almost always does) the plaintiff bites on granite.

post #64 of 64
Quote:
Originally Posted by SHREDHEAD View Post
 

So hitting a sign,  isn't out of control? 

I have an old friend who is undeniably a master skier who REALLY screwed up and hit a sign at the bottom of Lookout! a notorious "Double Blue".

 

She was an instructor for 20 years and ended up with her own compound fracture.  

 

Tougher than me, she came back only to rip an ACL a few years later, this after microfracture surgery to alleviate her missing knee cartilage.

 

Now with a replaced knee, she still has the prettiest feet on the mountain.  They are lightning quick and move with grace and athleticism.

 

Out of control is not a relative term, and I'm nearly paranoid, but still find myself breaking 50 in superG turns occasionally and only under the perfect circumstances.

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