What he said...and therein lies the problem with the civil judicial system. With no DA to filter the cases, vexatious litigation flourishes. Even though the most eggregious attempts can be thrown out through the aforementioned MSJ's, to even get to the point of filing an MSJ can take months or even years. All the while the attorney's fees are piling up, motions are being filed left and right (which takes up the Court's time), etc. etc.
I don't know if it's because I'm surrounded by this garbage all day long (the firm I work for exclusively defends civil litigation) or because I have a conscience, but I've been saying for years that it would take an incredible OOPS on the part of a resort, manufacturer, or even fellow skier/snowboarder for me to consider instituting a suit.
I remember a suit that involved Killington years ago where a skier "smashed" into a pole that was being used in a liftline corral and broke his leg. The pole was constructed of either metal or wood, but either way it didn't give an inch; his leg gave several. Long story short, IIRC, he ended up prevailing against the resort. Although it didn't happen to me, I have a hard time envisioning myself suing even in that instance, because in my mind, if you hit a pole in a liftline hard enough to cause serious injury, well, you weren't in control at the time.
Vexatious litigation costs us all money, but the majority of plaintiff's and their attorney's don't care, because the $$ being put into their pockets eases that little voice in the back of their heads whispering "scumbag!"
OTOH, I would have no problem suing our model "friend" if she tagged my daughter in the same manner as her last crash! (Unfortunately, my "If you're skiing like an idiot and hit me, I'm going to punch you in the face" doctrine doesn't apply to the fairer sex