The pond-skim is an end of season ritual at many resorts across the country, a fun way to celebrate the end of another season. But for one entrant at Snow King Mountain Resort, WY his participation in the event had an everlasting effect on the rest of his life, caused by injuries sustained during his skim attempt. Can the resort be held responsible?
The teenager has permanent injuries from an accident he was in during the pond skim event in March 2017, according to a complaint filed by his parents. Doug and Elizabeth Doyle, through their attorney, Jerry Bosch, claim Snow King was negligent.
The complaint filed against Snow King Holdings LLC claims their son โWDDโ was severely and permanently injured as a result of the condition of the defendantโs premises and defendantโs negligence in designing, creating and conducting a โpond skimโ event. The boy and some other teenagers skied across a pool of water at the base of the mountain and one of the other skierโs edges cut WDDโs leg. Video of the accident shows one of the teenโs friends skiing over him in the pool, and the water becomes stained with blood.
โWDD suffers significant and life-changing injuries including permanent nerve damage that results in what is commonly referred to as drop-foot,โ Bosch wrote in the complaint.
In the complaint, the plaintiffs say the accident happened on land under the control of Snow King through a lease agreement with the town of Jackson.
โThere are no warning signs about the risk of undertaking this activity,โ the complaint states. โSpecifically, there are no warnings about the dangers of more than one person attempting to pond skim at the same time. Defendants built the pond and then simply allowed anyone to use it as they saw fit without control or warning.โ
The complaint says the ski blade cut through WDDโs skin, blood vessels, tendons, and nerves. The plaintiffs have yet to indicate how much theyโll seek in damages if the case moves past the liability stage, but itโs more than $50,000.
You made the choice dumb ass to drop in with your buddyโs and your choice was a bad one. Now youโre trying to sue for $$$$. Your a dick stand up and own it you dumb ass
There are no signs at traffic junctions stating it is dangerous to run a light, if you run it and get injured you cannot sue the city. There are no signs at swimming pools stating you can’t breath underwater, it’s just sense (it’s not common anymore). There are no signs on trees to say don’t ski into trees. This is blame culture at it worst and there are no signs of people getting any brighter because of it. Judges, at the top, need to be throwing cases like these out of court and charging the lawyers who bring them. Now lets look at some of the basic rules of skiing which every skier/rider should know.
Always ski in control and within your abilities
Always check uphill before setting of to make sure its clear
Thats just 2 of them but both these teenagers failed to follow them – NO CASE, SIMPLE.
Some people just donโt want other people to have fun . Skiing is an inherently dangerous sport.
If you purchase a lift ticket you indemnify the resort and everyone who is employed at the resort, pond skimming is a spring tradition , all participants understand that it is risky an
Life is inherently dangerous, with a fatality rate of 100%. That being said, one of the major reasons ski resorts exist is to help defray much of the risk inherent to the sport. When you buy a lift ticket, you are paying for more than just lifts. You paying for avalanche control, safety (patrol lines), and other safety measures. Simply buying a lift ticket does _NOT_ fully indemnify the ski area (no matter what the ticket says). Negligence cannot be indemnified against.
Pond skimming becomes significantly more dangerous when done with more than one person at a time. There is a good chance that Snow King Holdings LLC was unaware of the increased danger of triple pond skimming,, but this does not defray any of their liability. This is why liability insurance exists.
Squaw valley has been doing the Cushing crossing for a long time, lots of triples and doubles at the same time. If you donโt understand the risk then you donโt go !
Participants sign a waiver before being allowed to compete in addition to the lift ticket waiver. Why is it that ski resort is negligent ? How could he not understand the risk ? Skiing is inherently dangerous, pond skimming adds another level of risk. Ignorance is not a defense
Tell a police officer you didnโt know the speed limit and try to plead ignorance . Doesnโt work. No sign warning people pond skimming is dangerous ? There are signs all over ski resorts warning you of natural and unnatural objects, snowcats , snowmobiles. Donโt plead ignorance, it doesnโt work.
Ski resorts have successfully defeated lawsuits based on lift ticket waiver rules. It does indimnify everyone. That waiver on the back of the lift ticket holds up in a courtroom. Look it up .
Do your research before claiming waivers donโt work.