My bad, too, Jane. I assumed the resort wasn’t negligent & this was just another of those deep pockets claims because someone got hurt. Opps. Wonder if the warning is also posted at the venue.
So, I guess the waiver on the back of his lift ticket which said the sport is dangerous and limits the area’s liability didn’t stick in the court, or hasn’t yet.
As an employee at another area, I see folks – including other instructors – getting run into every day especially on the bunny slopes where newbies don’t have control. Sucks this fellow got hurt, and hopefully the area will only have to cover defense costs.
It is a tragic accident. We often forget that we can get hurt when we engage in sporting activities and put ourselves “in
harm’s way.” Waivers are not worthless if properly drawn and the insurer has the desire to defend, rather than settle. With a catastrophic injury such as this, they may well try to negotiate a settlement rather than face a jury of Charlottesville liberals!
One more step to limiting the fun for other risk taking adventursome folk who understand there is risk involved in said activities. What do we expect when we’re raising our kids to look for someone else for their inequities and short comings- “it’s not my fault I have ADD,” “It’s not my fault my mom works,” “It’s not my fault, the test wasn’t fair, the teacher isn’t fair, the room was too hot, the sun was in my eyes…yadda yadda yadda, take up some responsibility. I’m sorry you can’t walk now but it’s NOT the resort or the Insurance company’s fault.
You know just exactly who is going to collect the major portion of any settlement. I sure hope the carrier digs in it’s heels & pays only medical bills. I didn’t see anything here about negligence!
You’re correct Doug. The waiver more than likely will not protect the resort due to their negligence. That’s like making people sign a waiver that are going sky diving, taking their money, putting them on the plane, having them jump, but forgetting to put a chute in their bag. I don’t think a waiver would protect them either as well as it shouldn’t by putting a wall right at the end of a run. Put some bushes their or some old mattresses, but not a wall. Poor risk management. Sadly a man is paralyzed. There is no money in world I’d take for not being able to walk again. Therefore, now the resort should be paralyzed as well!!
Seeing as I’m not the adjuster on this risk and don’t know the facts it’s not fair for me to assume there was no negligence on the part of the resort. In the same spirit, it’s not fair for anyone else to assume there was. Nor should we assume the injured party did or didn’t do anything to contribute to this loss, even if the mistake was simply being out of control. From the Resort’s website: “WARNING: Under Virginia law, there is no liability for an injury to or death of a participant in a project activity conducted at this location if such injury or death results from the inherent risks of the project activity. Inherent risks of project activities include, among others, risks of injury inherent to land, equipment and animals, as well as the potential for you to act in a negligent manner that may contribute to the injury or death. You are assuming the risk of participating in this project activity.” It is what it is. Peace out-
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My bad, too, Jane. I assumed the resort wasn’t negligent & this was just another of those deep pockets claims because someone got hurt. Opps. Wonder if the warning is also posted at the venue.
So, I guess the waiver on the back of his lift ticket which said the sport is dangerous and limits the area’s liability didn’t stick in the court, or hasn’t yet.
As an employee at another area, I see folks – including other instructors – getting run into every day especially on the bunny slopes where newbies don’t have control. Sucks this fellow got hurt, and hopefully the area will only have to cover defense costs.
It is a tragic accident. We often forget that we can get hurt when we engage in sporting activities and put ourselves “in
harm’s way.” Waivers are not worthless if properly drawn and the insurer has the desire to defend, rather than settle. With a catastrophic injury such as this, they may well try to negotiate a settlement rather than face a jury of Charlottesville liberals!
One more step to limiting the fun for other risk taking adventursome folk who understand there is risk involved in said activities. What do we expect when we’re raising our kids to look for someone else for their inequities and short comings- “it’s not my fault I have ADD,” “It’s not my fault my mom works,” “It’s not my fault, the test wasn’t fair, the teacher isn’t fair, the room was too hot, the sun was in my eyes…yadda yadda yadda, take up some responsibility. I’m sorry you can’t walk now but it’s NOT the resort or the Insurance company’s fault.
You know just exactly who is going to collect the major portion of any settlement. I sure hope the carrier digs in it’s heels & pays only medical bills. I didn’t see anything here about negligence!
So what if the wall was set up too close to the end of the run? Waivers should be worthless if you are setting up people to get hurt.
You’re correct Doug. The waiver more than likely will not protect the resort due to their negligence. That’s like making people sign a waiver that are going sky diving, taking their money, putting them on the plane, having them jump, but forgetting to put a chute in their bag. I don’t think a waiver would protect them either as well as it shouldn’t by putting a wall right at the end of a run. Put some bushes their or some old mattresses, but not a wall. Poor risk management. Sadly a man is paralyzed. There is no money in world I’d take for not being able to walk again. Therefore, now the resort should be paralyzed as well!!
Seeing as I’m not the adjuster on this risk and don’t know the facts it’s not fair for me to assume there was no negligence on the part of the resort. In the same spirit, it’s not fair for anyone else to assume there was. Nor should we assume the injured party did or didn’t do anything to contribute to this loss, even if the mistake was simply being out of control. From the Resort’s website: “WARNING: Under Virginia law, there is no liability for an injury to or death of a participant in a project activity conducted at this location if such injury or death results from the inherent risks of the project activity. Inherent risks of project activities include, among others, risks of injury inherent to land, equipment and animals, as well as the potential for you to act in a negligent manner that may contribute to the injury or death. You are assuming the risk of participating in this project activity.” It is what it is. Peace out-
It would help us jump to better conclusions if any kind of actual information was given in the article.
Nice going. Suing anyone and everyone is the new “American Way”