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Snowboard death sparks lawsuit

cdskier

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I'm not a lawyer, but I really can't see that there's a case here. I have my Sugarbush pass on my desk in front of me and the warning about risk is very broad. (Risks include, but are not limited to: changing weather and visibility; varied terrain and/or snow conditions; bare spots; stumps; rocks; trees; and collisions with other participants, natural and man-made objects such as snowmaking, grooming, lift , and other operational objects and/or slope vehicles.)

I think to win a case like this you need to prove some sort of severe negligence on the part of the resort. Failure to groom out a snowmaking whale (or even explicitly provide a warning that one might exist) doesn't seem to fall in that category.
 

Domeskier

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That guy - the one who insisted, without a single shred of evidence and in contravention of universal usage and the dictates of common sense, that "snowmaking whales" were, as matter of etymological fact, "snowmaking wales" - that guy ought to submit an amicus brief in this case.
 

Not Sure

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Would the same result happened if he was a Skier? Is Snowboarding more inherently more dangerous than Skiing ? Having both feet in effect immobilized sliding uncontollably would be nightmare stuff !Having 2 edges on an icy trail vs one seems to me to be safer. Snowboarding Tuckerman is no easy feet so the guy had skills. Some AZ er's do both maybe I'm just speculating as I only Ski but curious from a Boarders point. Also having a pole in ones hand could help re direct trajectory or brake albeit slightly.
 

Jully

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That guy - the one who insisted, without a single shred of evidence and in contravention of universal usage and the dictates of common sense, that "snowmaking whales" were, as matter of etymological fact, "snowmaking wales" - that guy ought to submit an amicus brief in this case.

HAHAHA definitely.
 

Jully

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Would the same result happened if he was a Skier? Is Snowboarding more inherently more dangerous than Skiing ? Having both feet in effect immobilized sliding uncontollably would be nightmare stuff !Having 2 edges on an icy trail vs one seems to me to be safer. Snowboarding Tuckerman is no easy feet so the guy had skills. Some AZ er's do both maybe I'm just speculating as I only Ski but curious from a Boarders point. Also having a pole in ones hand could help re direct trajectory or brake albeit slightly.

I do not board either, but I think that the outcome likely would have been the same. A snowboarder and a skier, assuming they are both of the same skill level, have the same amount of control when on the slope.

You have two edges, yes, but you can put more force on the single snowboard edge so they should balance out. If the fall was bad enough to eventually lead to a collision that killed the man, I would think he would have double ejected from any skis. Having the board strapped to his feet might have even slowed him down a little.
 

VTKilarney

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I'm struggling to see how the "whale" popped out of nowhere and surprised him. Couldn't he have gone around it?
 

SnowRock

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I do not board either, but I think that the outcome likely would have been the same. A snowboarder and a skier, assuming they are both of the same skill level, have the same amount of control when on the slope.

You have two edges, yes, but you can put more force on the single snowboard edge so they should balance out. If the fall was bad enough to eventually lead to a collision that killed the man, I would think he would have double ejected from any skis. Having the board strapped to his feet might have even slowed him down a little.

I board but used to ski and I am Much better at snowboarding. In my opinion... When it comes to edge control while uprise, skis dominate... you have x2. When it comes to self arresting... not sure there is much of a difference. It always felt easier to stop on those situations on the board. However, It’s also much easier to lose your backside edge when snowboarding.
 

Not Sure

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. you have x2. When it comes to self arresting... not sure there is much of a difference..

Well Skiers have two methods Boarders don't .
1. Drop one pole then use both hands ,one by the basket the other in the middle and dig in uphill side .

2. I discovered this by accident as a kid on a Winter hike. I was traversing a snowy farm field and came to an icy tractor path.
I hopped over one rut and fell into the far one. It was off to the races,before I knew it I was 200' down the hill picking up speed rapidly and heading for a huge Oak tree. I hit a rock and got airborne and by dumb luck my left Hiking boot landed under my butt, the speed lace cleats stopped me quickly . So this method would work best without skis, Basically sit on your boot buckles! Grab your heel with opposite hand.
 

deadheadskier

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I'm of the opinion that you assume all risks when skiing/riding

But... This is somewhat interesting

"When members of the ski patrol arrived, they said it was too dangerous to bring his body off the steep pitch, according the complaint. The crew was "forced to belay his body with ropes to the bottom of the steep section" of the trail, before bringing him to a rescue location, attorneys wrote.*"

I'd like to hear more details regarding this part of the story here.

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kartski

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I'm of the opinion that you assume all risks when skiing/riding

But... This is somewhat interesting

"When members of the ski patrol arrived, they said it was too dangerous to bring his body off the steep pitch, according the complaint. The crew was "forced to belay his body with ropes to the bottom of the steep section" of the trail, before bringing him to a rescue location, attorneys wrote.*"

I'd like to hear more details regarding this part of the story here.

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That caught my eye also. When evaluating a trail for opening, being able to get a sled down it is an issue in making the decision. If you can't, then it stays closed. If you're not sure, you call for a second opinion. Someone thought they could.
 

Whitey

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That guy - the one who insisted, without a single shred of evidence and in contravention of universal usage and the dictates of common sense, that "snowmaking whales" were, as matter of etymological fact, "snowmaking wales" - that guy ought to submit an amicus brief in this case.

Dopeskier -

Thank you for completely misstating what I said while simultaneously proving the point about how stupid the people are who say "that's what it is because that's what I've always thought it is" and think that's actually a valid argument. I challenged people to think about it and question if "whales" become common usage because it started that way or because it became a commonly accepted malapropism like using the term "irregardless". You obviously failed the challenge.

I never said or implied that I knew which one was right, I thought that maybe someone out there knew when and what was the first usage of the term to describe snow making piles in the 60s or 70s and could confirm the etymology of the term. No one was able to but a bunch of internet heroes like you took the bait and did the brain-dead "that's what I've always thought therefore that's what it is" thing, which actually proved my point that no one really knew for sure.
 

machski

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The complaint should have no merit. But in today's littigous society of ours, it could gain traction. Hope it does not. Sorry for the widow and family but you have to take your first run a bit cautious until you know for sure the conditions. A double diamond in my opinion should not be manicured out ever.

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Hawkshot99

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The complaint should have no merit. But in today's littigous society of ours, it could gain traction. Hope it does not. Sorry for the widow and family but you have to take your first run a bit cautious until you know for sure the conditions. A double diamond in my opinion should not be manicured out ever.

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It said he had snowboarded down several times already. If he thought it was safe enough to lap, then there is no merit to the lawsuit.

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jaytrem

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That caught my eye also. When evaluating a trail for opening, being able to get a sled down it is an issue in making the decision. If you can't, then it stays closed. If you're not sure, you call for a second opinion. Someone thought they could.

I think they often belay the sleds down Ripcord when an injury occurs. At last they did with a friend of mine. Seen some scary stuff on that trail over the years. One friend double ejected at the steep part on a slick day, probably hit 80 mph on his butt.
 

machski

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It said he had snowboarded down several times already. If he thought it was safe enough to lap, then there is no merit to the lawsuit.

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I read that part as he had snowboarded the trail in the past several times, not on the particular day in question. If in fact he had boarded it that day, the claim is absolutely without merit.

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Pez

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Rip cord is the first trail you see leaving the chair on river run right? I always look back and up and think to myself that doesn't even look fun.


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