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As a lawyer, let me provide you with some facts that are probably not well known:
1. A child in a situation like this would likely be covered under the liability portion of his parent's homeowner's insurance.
2. Many states have statutes which recognize "an inherent risk when skiing". However, these statutes protect the ski resort, not other careless skiiers. The kind of lawsuit statutes like these are designed to prevent is a lawsuit where someone skiis into a tree and becomes irate and tries to blame the resort for not cutting it down. That's a very different situation than a skiier who carelessly runs into another.
3. Just because skiing can be a dangerous sport doesn't mean we ought to tell people that when you are on the slopes that it is a "free for all" and that you can engage in any dangerous behavior you want. I don't want people thinking its okay to not pay attention, okay to go three times faster than is safe, okay to take a twenty foot jump with children below you, etc.
4. Cases like these are not simple. If a case like this went to trial, don't be fooled. Many jurors would think the way a number of opinions here have been expressed. They would be very skeptical of the case and would expect lots of proof.
5. I've skied for years at different resorts. I have noted that some resorts seem more willing to tolerate reckless skiers than others are. If the resort creates a "culture" that makes reckless skiing acceptable than you'll see more reckless skiing. The best resorts have ski patrol that are instructed to "put a stop" to overly careless behavior.
This kind of a thing is not simple. Cases like this should be viewed carefully. However, one shouldn't begin by thinking that they all should be thrown out of court.
Last edited by markg91359; 12-31-2012 at 06:54 AM..
I think it's a ridiculous lawsuit, but I really take issue with parents who let their kids go nuts and just run around everywhere...I've nearly been injured skiing and skating because the kids aren't thinking about what they're doing and are just going about willy nilly.
I don't know that is what happened in this scenario, but I feel for the 60 year-old. I've been on enough ski slopes to know that some people are organized skiers who try to stay out of people's way, and some people (adults, too) are total aholes and will cut you off knowingly and just be general nuisances.
Isn't this one of the *risks* that this man freely took on by skiing in an area where other, less worthy and experienced people were also skiing? If he didn't want to assume the risks involved in being around potential novices, he should have found himself his very own mountain to ski. Or he should have at least been keeping his eye out for the less skilled around him.
The family Ins Company settled the case. I did not read the details. Maybe Mark the lawyer can pull it from lexis-nexis to see if there are detail in the settlement documents.
well I disagree Dark cause a good and thoughtful parent would have tried to keep a small child away from more experienced skiers. And this is skiing season so it is a good reminded even though it is 5 years old.
It amazes me people actually think the lawsuit was against the child. of course the man was trying to recover damages from the insurance company which covered the parents and the child.
I once knew a girl who" sued her brother" over injuries she sustained while riding on the back of his motorcycle. It had nothing whatsoever to do with feelings between brother and sister and everything to do with insurance liability.
well I disagree Dark cause a good and thoughtful parent would have tried to keep a small child away from more experienced skiers. And this is skiing season so it is a good reminded even though it is 5 years old.
Who says they didn't? "Robb Swimm (the father) claims 7 year old Scott was skiing slowly and in control. "
Furthermore, an experienced *60 year old skier* should have had enough common sense to stay out of the way of younger, inexperienced skiers -- right?
From the link in post #24: The Swimms are working with Faces of Lawsuit Abuse which is sponsored by the U.S. Chamber Institute for Legal Reform. The organization is committed to exposing and fighting frivolous and abusive lawsuits.
Whatever -- the thread's been revived. Go forth and discuss.
well I disagree Dark cause a good and thoughtful parent would have tried to keep a small child away from more experienced skiers.
From a quick read of this, it would seem the child was the more experienced skier. He lives in Vail area, and had been skiing since he could walk, and had gone to upper level classes. From the comment made, the 'hurt' party (who btw was settled for $25k and passed this year) stopped in the middle of the slope. A place a skier should not stop.
well I disagree Dark cause a good and thoughtful parent would have tried to keep a small child away from more experienced skiers. And this is skiing season so it is a good reminded even though it is 5 years old.
It amazes me people actually think the lawsuit was against the child. of course the man was trying to recover damages from the insurance company which covered the parents and the child.
I once knew a girl who" sued her brother" over injuries she sustained while riding on the back of his motorcycle. It had nothing whatsoever to do with feelings between brother and sister and everything to do with insurance liability.
There as so many cases where people don't seem to understand this. They immediately jump to assuming the people involved are just seeking money and being malicious. Often, you MUST sue if you have injuries and want your medical costs covered. Group or private insurance will fight paying for injury if they can force a different insurance company into paying.
Right now I have neck and shoulder pain from an unspecified injury...one day I woke up and had pain. Ive been undergoing treatment for several years. Periodically my insurance company calls to ask for more information...specifically, if the injury *actually* occurred while driving a car, at work, or on someone else's property. They're trying to identify a reason they don't have to pay.
My cousin once sued her husband. She was a passenger in the car when he got into an accident that he was ruled at fault for. She didn't sue him because she was malicious trying to bilk him...it was the only way to get her severe injuries covered.
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