
01-08-2013, 06:25 PM
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16,228 posts, read 24,220,409 times
Reputation: 27016
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Quote:
Originally Posted by Milliano
Was the child supposed to be skiing there?
Do people ever get injured by being splashed with water at a pool?
I really don't get why people who are at fault for others injuries should not be held liable. Like if you crash your car into somebody and injure them... obviously you didn't mean to do it, but intent doesn't negate the fact that you caused damage and harmed a persons life.
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The parents are responsible for their child. If the man sustained injuries caused by another person....Then suing for those injuries is the legal way to recover those expenses.
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01-08-2013, 06:54 PM
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Location: Foot of the Rockies
90,351 posts, read 116,916,088 times
Reputation: 35920
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Quote:
Originally Posted by springfieldva
Well no, it's not. But in situations where a skier needs a rest or needs to adjust equipment, I would think that it would be better to ski off to the side of the slope instead of coming to a dead stop and expecting people to ski around you.
There isn't any indication that the guy fell down, was getting up and was then run into, otherwise I would imagine that it would be very unclear as to when the injury was sustained (before or after he was run into).
For whatever reason it seems he made the decision to stop in the middle of the slope. Had he not done so, there would have been no accident.
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The guy is described as an expert skier, by some in this thread anyway. How much skiing have you done? Have you ever been on a ski slope? People will be skiing down, sometimes 4 (or more) abreast. Sometimes the side of the slope is over the slope and into a ravine, or up against a mountain wall. How do you know there would have been no accident otherwise? The kid could have skied into him. The insurance company found the child at fault, so say some on this thread.
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01-08-2013, 07:10 PM
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Location: MMU->ABE->ATL->ASH
9,315 posts, read 20,278,280 times
Reputation: 10423
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Well the Insurance company settled. Only the court can assign fault. In many personal cases its cheaper to settle then fight it. The HO Ins payed off $25K so the guy maybe got 12-15K after his contingency fee lawyer got payed and fees payed.
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01-09-2013, 03:49 AM
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14,032 posts, read 13,921,625 times
Reputation: 22574
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Quote:
Originally Posted by Katiana
The guy is described as an expert skier, by some in this thread anyway. How much skiing have you done? Have you ever been on a ski slope? People will be skiing down, sometimes 4 (or more) abreast. Sometimes the side of the slope is over the slope and into a ravine, or up against a mountain wall. How do you know there would have been no accident otherwise? The kid could have skied into him. The insurance company found the child at fault, so say some on this thread.
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I've only been skiing twice and neither time was in an area like Colorado. And I'm truly horrible at it  .
Do most people take rests in the middle of the slope? I don't remember anyone doing that but, admittedly, it's been a while and skiing is not my sport.
Like the other poster mentioned, the insurance co settled before the case ever went to court because it was ultimately more cost effective for them to do that. So fault was never determined.
Whether their son was at fault or not, though, I'm sure that the parents were responsible for paying the deductible on their home owners insurance (which could have been thousands) and now their rates have most likely gone up too.
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01-10-2013, 05:43 PM
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Location: Foot of the Rockies
90,351 posts, read 116,916,088 times
Reputation: 35920
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Quote:
Originally Posted by springfieldva
I've only been skiing twice and neither time was in an area like Colorado. And I'm truly horrible at it  .
Do most people take rests in the middle of the slope? I don't remember anyone doing that but, admittedly, it's been a while and skiing is not my sport.
Like the other poster mentioned, the insurance co settled before the case ever went to court because it was ultimately more cost effective for them to do that. So fault was never determined.
Whether their son was at fault or not, though, I'm sure that the parents were responsible for paying the deductible on their home owners insurance (which could have been thousands) and now their rates have most likely gone up too.
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Yes, recreational skiing is not like what you see when you're watching Olympic ski racing. The runs are much longer than in the Olympics as well. In addition, people fall, anywhere on the slopes.
I don't know if I would have done the same thing as this guy, but then, I have good health insurance.
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01-19-2014, 11:24 PM
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Location: Wherever life takes me.
6,190 posts, read 7,727,423 times
Reputation: 3314
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Quote:
Originally Posted by cremebrulee
Yes, I heard about this incident...and I'm very sorry the man received an injury...but the same goes for horseback riding or any other sport...you do it at your own risk....I mean, the man could have fallen and hurt himself....how much damage really could an 8 year old do? I don't know, this to me is awful fishy....and why would the man sue...I swear this nation is a sue happy nation...and people like this have ruined having fun....
I dunno, I just think this is simply another way for this man to make money, I mean, think about it....an 8 year old? I tend to question the couple.
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I had a woman about my age slam into the back of me up in vail.
She was taller and weighed more and knocked me clear off my feet, everything went black, she hit me so hard it knocked my skis off. I walked away with bruises.
I bet his should was starting to go anyways and he probably didn't want to pay for the surgery himself.
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