So sorry this young man was seriously injured. But as someone who has been sliding down ski slopes, with occasional crashes and injuries, for over 40 years, I fully support the waiver of liability. Mountain conditions vary with weather, which is part of the challenge. If a particular feature is made of snow there will be some unavoidable variables. What may be a hazard for a novice boarder may be no challenge at all for an expert. You take the conditions as nature provides, factor in your ability and equipment, and bear the consequences for mistakes and misjudgment.
“contrary to public policy”, are you serious? Oh wait, I forgot, that’s right, we’re an entitlement society. The government needs to spoon feed its citizens. I mean, why would I expect to take on any responsibility for participating in an inherently dangerous activity? Me, an American, come on, that’s just not fair. A business actually trying to protect themselves from thieves, just not fair.
Standing at the top of a black diamond run, I overheard this conversation:
Skier 1: “I don’t know, it looks dangerous, maybe we shouldn’t go on it.”
Skier 2: “Don’t be stupid; they wouldn’t let us up here if it was dangerous.”
As far as I know, they both made it safely to the bottom.
Exclusions and waivers are all fun and games until somebody gets hurt.
We’re not writing these things for the common $1,500 injury. We’re writing them for when an 18 year old is facing a lifetime of assisted living, and his attorney and family will grasp for every straw they can find, sue for hundreds of millions, and try to settle for 10’s in “go away” money. But a ski slope can’t afford to settle with gag orders or they’d be in court constantly. Now they can say, “Yeah, go ahead and try. I’ll see you in Supreme Court.”
So sorry this young man was seriously injured. But as someone who has been sliding down ski slopes, with occasional crashes and injuries, for over 40 years, I fully support the waiver of liability. Mountain conditions vary with weather, which is part of the challenge. If a particular feature is made of snow there will be some unavoidable variables. What may be a hazard for a novice boarder may be no challenge at all for an expert. You take the conditions as nature provides, factor in your ability and equipment, and bear the consequences for mistakes and misjudgment.
Yah, any smart boarder would have checked out the jump before hitting it.
“contrary to public policy”, are you serious? Oh wait, I forgot, that’s right, we’re an entitlement society. The government needs to spoon feed its citizens. I mean, why would I expect to take on any responsibility for participating in an inherently dangerous activity? Me, an American, come on, that’s just not fair. A business actually trying to protect themselves from thieves, just not fair.
You need to remember, it’s Oregon.
Destro,
The state in this case has zero bearing. Two Oregon courts have already told this kid and his lawyers to take a hike.
If you do not think these types of frivolous lawsuits with trumped up “legal bases” for them does not happen in every state, you are truly naive.
And the only way to stop this stupidity is to hold the plantiff attorney personally responsible for bringing these types of suits.
This is, indeed, a sad situation, but apparently he chose to go on a run that was beyond his ability.
Standing at the top of a black diamond run, I overheard this conversation:
Skier 1: “I don’t know, it looks dangerous, maybe we shouldn’t go on it.”
Skier 2: “Don’t be stupid; they wouldn’t let us up here if it was dangerous.”
As far as I know, they both made it safely to the bottom.
Exclusions and waivers are all fun and games until somebody gets hurt.
We’re not writing these things for the common $1,500 injury. We’re writing them for when an 18 year old is facing a lifetime of assisted living, and his attorney and family will grasp for every straw they can find, sue for hundreds of millions, and try to settle for 10’s in “go away” money. But a ski slope can’t afford to settle with gag orders or they’d be in court constantly. Now they can say, “Yeah, go ahead and try. I’ll see you in Supreme Court.”
Don’t most ski areas have immunity from suit? I know in Colorado they do.