or Connect
New Posts  All Forums:Forum Nav:

Liability Law/Lift Tickets - Page 2

post #31 of 35
So, she broke the rules by taking a non-transferable ticket.
If she took the ticket from her husband, then her complaint should be with him - she can claim no contract with the ski resort, but she accepted HIS terms & conditions by taking the ticket off him. If she's going to sue anyone, it should be her husband for failing to inform her!
post #32 of 35
I'm not going to name names, but two of the Southern California resorts had a program going where if you filled out a form, you could get $10 off a lift ticket. It looked like one of those programs where they just wanted to collect a bunch of information about their customers, but it was actually a lot more insidious. If you looked closely on the form there was a bunch of fine print where you agreed to not sue the resort, then at the bottom, there was a line for your signature. Basically the resort was trying to collect signed waivers from as many people as possible.
post #33 of 35
Thread Starter 
Fox, this is where the Pennsylvania law cuts with a razor!

Arguement #1, they (the courts), do not look favorably on this type of "contract" and, #2, that it is common practice in the "hustle and bustle" of a busy environment, for dad to buy the tickets and distribute them sans agreement of all parties. The woman "injured" in this case was at the tubing park of the hill .... but it is the same ticket.

99% of these suits are probably by people who should not have even been on skis or in a tube. But the courts in PA, are probably looking at the "entertainment" .... "theme park" atmosphere as a whole.

SoCalSki ... I bet that is in the rental agreements at all shops and areas too! Probably puts the posted signs and the ticket disclaimer into effect; you rent and sign the dotted line .... ya' got knowledge!
post #34 of 35
A couple of minor points.

First of all, in the lift case in the original post, the appeals court ruled that the case could go forward because the lift operator agreed to slow or stop the lift and failed to do so. This was a subsequent oral agreement that superseded the preexisting written agreement. It is also run of the mill contract law.

Second, the best source for ski area liability law I've found is www.skilaw.com.
post #35 of 35
Thread Starter 

ultimate disclaimer/hot air

Mrs. Yuki bought me a hot air baloon lesson. She actually wanted me to get one so she booked it as a birthday present. Called and made the reservation per the agreement, a week in advance. She was going to go up too.

It came in the mail the night before the lesson/ride ...

"I, the undersigned (his & her copy), agree not to sue _________ Inc. yadda, yadda, yadda, ....... including any accident caused by a deliberate acton or inaction by the pilot or employees of _________ , including but not limited to alcohol or drug abuse, insanity, gross or wanton negligence .... yada, yada ..

Minor detail: Our check was cashed for the advertised price of the lesson and flight but for $100, we could purchase conventional insurance to cover any of the above ...

This was a thinly disguised revenue generator. Who, on the evening of a romantic flight is going to cancel and deprive "sweetie" of that moment; many people propose on these flights. When I confronted the guy, I was told that this was normal in "light aviation" ..... I reminded him that this is BS (he and I used to be in the same flying club ... he forgot me), and I got 95% of my money back when I said "see you in court" ..

PS ... this was 10 years ago .... he was killed 3 months ago in a crash, the FAA/NTSB full report is still pending
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: General Skiing Discussion