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March, 2025

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Skiier sues Ski Sundown, claiming liability in accident that left him paralyzed

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SkierX
Posts: 16253 - Karma: 538
Here we go again...

http://www.registercitizen.com/articles/2010/09/28/news/doc4ca2bb2a414de452355020.txt
15 years ago
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SnowRidgeParks
Posts: 2146 - Karma: 88
It's too bad the kid got hurt, but these cases are one of the main reasons the ski industry is struggling. It's a shame that this is what our society has come to...
15 years ago
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rudager
Posts: 11336 - Karma: 4,647
basically sounds like a spoiled kid, saw a jump, thought he could do it, misjudged himself and the jump. and its the hills fault.... God DAYM idiot.

It sucks, It's rarely ever the hills fault when accidents like this happen.
15 years ago
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.Roockley.
Posts: 3868 - Karma: 4,104
that is ridiculous, he wasn't wearing a helmet or goggles and visibility was limited...idiot

although i laughed at this bit
'Some terrain features included jumps made out of snow and others that incorporated rails for more advanced jumpers'
15 years ago
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danbrown
Posts: 11939 - Karma: 21,834
"Malaguit considered himself an intermediate to advanced skier when he visited Ski Sundown..."

Yet he decided to go skiing at night with no goggles or a helmet?

Some people are fucking retarded, and I really hope the judge/jury are moderately intelligent enough to realize the actual issues present here.

As skiers, this case obviously speaks for itself. The kid is an absolute moron and he is completely at fault, but this isn't always so blatant to people unfamiliar with the sport.

This is appalling.
15 years ago
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Brenone
Posts: 4944 - Karma: 296
I want to feel bad for him being paralyzed but thats hard to do when he's trying to blame other people for his injuries. that were clearly his fault. fuck him. he's just looking to place blame and make a buck. Its because of shit like this that makes insurance rates for ski resorts go up in turn causing the resort owners to pass that increase on to the consumer by increasing season pass rates, regular lift tickets, $17 chicken fingers in the lodge etc...

15 years ago
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SkierX
Posts: 16253 - Karma: 538
Agreed entirely. For us, it's night and day and a clear answer. The kid is fully responsible for his actions that led to his injuries.

Unfortunately though, throw a teenager in a wheelchair in front of a non-skiing jury and these people will see an evil company that built something unsafe that hurt this kid.

Everyone says they are sick of these types of lawsuits, but then the lawsuits go before a jury, and the plaintiff walks away with millions. If you stop awarding victories to these people, the lawsuits will vanish.
15 years ago
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BWalmer
Posts: 9141 - Karma: 12,886
One of the biggest things is they say that it's not marked off, which it is and has been for years, there's usually even fencing in the way, and you're supposed to enter from the top of Stinger, which does feature the typical "Terrain Features" sign to approach the jump. Not only that, by purchasing a ticket, I'm almost positive there is a liability waiver on the back. I feel bad for the kid, I really do, and it's extremely unfortunate that this happened to him, but sometimes, you have to take responsibility for your actions and mistakes.
15 years ago
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Jibberino
Posts: 2089 - Karma: 1,346
This just once again highlights the big difference between the European and the American legal system. I am not a lawyer, so i cannot comment on specifics, but it seems that any case is able to get heard in court no matter how ridicolous it is. We all know about the crazy examples such as lady microwaving her cat, choking on food, falling in the street. This seems to have lead to a culture that deems it alright to sue for just about anything. Yeah it's a shame the kid got hurt, but from the sound of it common sense could have prevented this accident. If you put this in an European context, i am quite sure that the case would never have seen the inside of a courtroom. It is common knowledge that accidents happen, and that you are responsible for your own actions. In the few cases that i have heard where it actually was the resorts fault, the cases seem to always be settled to everyones satisfaction.

I guess the problem lies in the legal system even allowing these cases, let alone ruling in the favor of some of the more ludicrous cases. This is one incident that makes happy i don't live in the US! (there are many that make me unhappy im not living there, just so you know).
15 years ago
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.nasty
Posts: 10595 - Karma: 11,321
this is straight up retarded. however, I guess If I was paralyzed (regardless of how), I'd want some money, too. hahah
15 years ago
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rudager
Posts: 11336 - Karma: 4,647
why? you cant say you'd want money just because you're paralyzed. it's selfish and greedy, unnecessary. If you want money because you're paralyzed, get a charity campaign going. Don't sue someone who had little to do with the accident.
15 years ago
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j.bird
Posts: 6680 - Karma: 15
this is the sillyest one I have ever seen.

It has literally NO legal ground. No sign claiming difficulty??? Thats common sense. read the back of your lift ticket.

"Intermediate to advanced" on his second run?? Maybe i Mis-read but it looks like he took one run, went back up, was gonna meet his family and tried a jump.

Their lawyer is claiming that conditions were "bumpy, grainy, and icy"? Welcome to skiing on the east coast, or skiing anywhere for that matter. conditions blow sometimes. Is that the fault of the mountain? Should there be a sign for everyone to read on each mogul?

When does it stop? Where is the line?

I am in a hurry so sorry for typos but jesus christ. This makes me so mad.
15 years ago
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pow_pow2
Posts: 161 - Karma: 19

Good thread!  I also had a great laugh at the 'gaper' news reporting!

15 years ago
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Holte
Posts: 10750 - Karma: 7,995
So there was no sign describing the difficulty of the jump, and there were no workers directing traffic onto the jump...?

Why do some people feel like it is the responsibility of others to babysit them constantly. I mean what happens when the kid tries driving on a freeway? Does he sue the state because there aren't police telling him which lane to drive in?
15 years ago
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uosdwiSrjewoH
Posts: 4220 - Karma: 122
there was so much pathos in that article i almost choked on it
15 years ago
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rudager
Posts: 11336 - Karma: 4,647
Well I don't know about him being able to drive...


I see it as people think they're going to a kiddie pool, with a lifeguard always on hand. That someone to blow the whistle and give precaution to people who are fucking around. If someone slips and breaks their leg running near the pool, is it the swimming facilities fault? Don't think it should be, there's someone there to give precaution, we all know not to, but people still do it.
15 years ago
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funkdoc
Posts: 1331 - Karma: 474
15 years ago
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Jibberino
Posts: 2089 - Karma: 1,346
Exactly, pretty shitty journalism.
15 years ago
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-ShredTheGnar-
Posts: 2038 - Karma: 111
Great.. another kid ruining it for the rest of us. Own fault imo should of worn a helmet.

Also "there was no sign alerting him to the difficulty of the jump"... maybe if he had goggles on he could of opened his eyes to see the jump for himself.

and the first comment is brilliant.
15 years ago
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steezyjibber
Posts: 15967 - Karma: 11,027
I'm gonna play devil's advocate on this one for the hell of it. You gotta think about being in his position. He is paralyzed. He can't ski the rest of his life. Can't really do anything for that matter. He can read a book. He can watch TV. He doesn't even get the pleasure to walk anymore. Think if that was you. By sewing Ski Sundown, he's potentially getting some money out of it, to do what he wants to do. Obviously he's going to be mad about this for a good portion of his life. I feel like some people in here need to cut him some slack -- the fuck him comments aren't helping anyone. Type his name into facebook and look at the picture of him sitting in a wheelchair. Feel free to disagree with me on this post.
15 years ago
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SkierX
Posts: 16253 - Karma: 538
So by your logic, if I get on a motorcycle without a helmet (risk)and drive around a corner too fast and crash(exceeding abilities by choice), and become paralyzed, I should be entitled to money from the people who built the road? Mind you, this same road has also been ridden and driven on by many other individuals safely.

It's the same concept. This kid took risks by his own personal choice. He took a risk by simply skiing. He took further risk by doing so without a helmet, and he took even greater risk by exceeding his abilities by hitting a large jump that had been hit by many other kids.

The kid is deserving of charity and people should donate to his cause in helping him cope with his injuries and life going forward. He is not, however, deserving of money from a lawsuit that is based entirely off his own decisions.
15 years ago
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GayWolf420
Posts: 37935 - Karma: 127,513
>claimed to be an intermediate skier
>had no eye or helmet protection on a low visibility day

This kid is a fucking idiot. There needs to be a law somewhat similar to colorados making it not possible to sue the resort that you got hurt at. Its all about liability and these people are too fucking stupid too see it.
15 years ago
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pretzela
Posts: 12 - Karma: 10
pretty silly
15 years ago
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TTSwitchrider674
Posts: 179 - Karma: 26
Haha, cripple humor, it doesn't matter if hes crippled or not hes stilll an asshole to try and get money this way
15 years ago
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Pee_and_Ski
Posts: 1869 - Karma: 57
i feal bad for the kid, but hes an ass

and how if just straight airing a jump do you land on your head?
15 years ago
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pretzela
Posts: 12 - Karma: 10
.
15 years ago
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railbomber
Posts: 251 - Karma: 23
Canadian and European legal system > American legal system

manifest destiny screwed the entire American system, just sayin'.


15 years ago
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hawaiiansteeze
Posts: 3255 - Karma: 3,231
im pretty sure i was tehre when this happened. if not the next day when everyone was talking about it.

but this is BULLSHIT. this is my home mountain and jarrod who is the manager is one of the most legit guys i know and is fucking GOOD at building parks, way better than what people would expect from a small hill in CT.

i still dont know how people can get away sueing mountains. when you buy your pass, you sign away that you know you an get hurt and if you do its your own damn fault, Right?

now i feel for this kid. yes he is paralyzed. but in this world you need some fucking common sense. its icy, dark, small jump AND he wasnt even wearing a fucking helmet. if he was concerned about his health he would at least have worn a fucking helmet.

sorry for ranting but i grew up at this place. its by far the best mountain in CT and everyone that works there is super chill and down to earth. i learned how to ski at this place and eventually that made the decision on where i was to go to college. ill always love that place and id really hate to see anything happen because one kid couldnt judge his own skill level correctly
15 years ago
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thisisastickup
Posts: 597 - Karma: -24
In his interests on FB, he lists martial arts and soccer. Yeah, I wonder how that's going?
15 years ago
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j.bird
Posts: 6680 - Karma: 15
You lost all credibility here.
15 years ago
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Pipe_Munky
Posts: 10888 - Karma: 2,185
unfortunately he does have a case. the same as everyone that hurts themselves at any kind of sports facility. it's shitty yes and it hurts the industry as a whole.

the basis is under duty of care. every property owner is seen as being responsible for everyone on their premisis at all times. this is the same even when a burglar breaks into your house, trips over something at the top of the stairs, breaks his leg and sues the homeowner.

neither he nor his parents/guardian actually signed a waiver (back of the pass doesn't hold up) so it's unfortunate but he will probably win
15 years ago
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a_pla5tic_bag
Posts: 9242 - Karma: 5,638
yeah i see this going in his favor somehow which really sucks.

but omg, icy conditions on east coast with man made snow and poor visibility! what a surprise.
15 years ago
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snomaster
Posts: 3346 - Karma: 5,776
why don't we blame the lawyer(s)????????

Someone gave this guy legal advise telling him that he has a case. I bet that the ski resort here will get away... which means that nobody wins - EXCEPT the lawyer(s)
15 years ago
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SeanB
Posts: 3022 - Karma: 71

Shit like this truly sickens me. It is for this exact reason that RCR no longer has jumps in their "parks." I put parks in quotations because to me a park without jumps is really not a park. I should mention that at this point in my life I'm more of a big mountain skier myself because historically parks have a well established tradition of royally kicking my ass, when I was younger I entertained the dream of being pro and attempted a lot of tricks I was by no means capable of landing and it cost me dearly. As a brief example I have had a lot of concussions but I'm not sure how many because I can't remember.

Long story short I've badly injured myself in the park more times than I can count (literally) but not once at ANY time have I felt even remotely angry at the resort itself. Anyone from the Vancouver area that skied at Cypress 5 or 10 years ago can attest to the fact that they sucked ass at building jumps at the time but no one ever held a gun to my head and made me hit one, I chose to hit them myself. Furthermore a few years back I broke a rib in an epicly drunken attempt at a handstand on a railing I could never have pulled off sober in a million years and I'm not about to sue whoever made the railing or the good people at Captain Morgan's for making such a smooth and delicious rum. It was my fucking fault and that's all there is to it.

15 years ago
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fdsa
Posts: 686 - Karma: 19
Please keep this thread updated for when his case gets thrown out.
15 years ago
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hawaiiansteeze
Posts: 3255 - Karma: 3,231
and this would fucking suck. the jump he fell on was im guessing no bigger than 15 feet. 15 FEET!!! Breck and Key dont get sued when people get hurt on their 75 foot stepovers. yes, i know the kids that hit those know what their doing.


the skill level would be EASY and im sure he would have still hit it anyway even if he saw a damn sign. jesus this makes me upset
15 years ago
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zerospinskier
Posts: 4867 - Karma: 350
So can I sue Playboy for giving my wrist carpal tunnel?
15 years ago
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Ben.
Posts: 21463 - Karma: 683
id be willing to bet he wont win simply because he wasnt wearing a helmet.
15 years ago
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Tonetti.
Posts: 733 - Karma: 1,311
so taking money, from a poor industry as it is, is gonna make him magically fixed of any injuries he sustained from his dumbass mistake... no, to be honest, im glad this happened to him if he is gonna just turn around and sue the hill... one less dumbass gaper thinking they can do shit and just get hurt and ruining it for us freestylers
15 years ago
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steezyjibber
Posts: 15967 - Karma: 11,027
Good point. Didn't even consider charity. Probably a better approach.
15 years ago
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GayWolf420
Posts: 37935 - Karma: 127,513
because the lawyers will tell anyone its a case so that they can make some bank.
15 years ago
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dweezileast
Posts: 9661 - Karma: 276
I hope he doesnt, win, Sundown's a great place, and doesnt deserve this legal bullshit
15 years ago
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SeanB
Posts: 3022 - Karma: 71
hahaha zing!
15 years ago
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123ski
Posts: 7374 - Karma: 1,415
at the very least I wish that courts would only grant compensatory damages and not punitive damages for these types of cases.
15 years ago
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chicken
Posts: 6844 - Karma: 2,122
Skiing can be dangerous, you have to accept that. I do not think you should ever sue a resort or an individual, even if you are hurt in a way that is not your fault at all (collision maybe). It's not like driving, where a guy hits you, he pays. You chose to go skiing, skiing is a sport, sports can lead to injuries.

Now that being said I am in Canada. If you get hurt, the government pays for your medical. This kid and his family might be broke as shit now. I am not saying that suing was the right thing to do. They just might have thought they had no other choice.

Basically what I am trying to get to is that we all need to help support organizations like stand strong again, who are helping people like this guy with their recovery. It's a scary thought but one day it could happen to you or your friends.
15 years ago
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T-Holt
Posts: 5020 - Karma: 638
Yeah, I'm hoping his lack of goggles and a helmet will help Sundown.
15 years ago
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-ShredTheGnar-
Posts: 2038 - Karma: 111
Me to... but then i hope the court doesn't bite sundown in the ass for not having compulsory helmet regulations... or for not having disclaimers like Whistler.

Im all for sundown on this case.
15 years ago
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Ben.
Posts: 21463 - Karma: 683
thats why all resorts should have big signs suggesting helmets. not saying they should be required, but i know at big sky they make it very clear that helmets are a good idea.
15 years ago
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japanada
Posts: 13785 - Karma: 1,956
Lets be kind and send him a kind facebook message. Idiot skied above his ability, I bet he had hit 1 just before that faithful day.

15 years ago
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.frenchy
Posts: 18231 - Karma: 12,398

Wow, that's really unfortunate.

As a season pass holder of ski sundown, and my dad works there, that really doesnt sound good for sundown, but on the back of all lift tickets it has the rules and liabilities, pretty sure ski sundown will not get sued. Anyways jumps are built very well there, the jump would'nt be open if it were dangerous in any way. Only go off things you're capable of doing..

15 years ago
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blindside
Posts: 5619 - Karma: 1,201
.
15 years ago
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