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judge-dismisses-mass-familys-lawsuit-against-loon-mountain
- Thread starter Smellytele
- Start date
MadMadWorld
Active member
No case against the resort here but I would think they could definitely go after the instructor and what little money he probably has.
Does the statute expressly override an employer's vicarious liability for the torts of its employees? I wonder if the family could go after the resort for any judgment its might be awarded against the instructor.
dlague
Active member
Then Jay Peak will probably be in the clear!
fbrissette
Well-known member
Lots of similarity with the Jay Peak case.
Not really. Here it sounds like the ski instructor was the danger himself--he collided with the kid. In the Jay case, they argued that (1) the instructor put their kid in danger because she was not supervising the class, and (2) the off-duty employee was out of control. It's a little different.
And as to if Loon is off the hook it depends--was the instructor in the scope of employment at the time or was he, like with Jay, out freeskiing on his day off?
I'm not sure if the Judge interpreted the NH law to bar ALL claims regarding the inherent risk of skiing, or to end the liability for the resort altogether.
MadMadWorld
Active member
I think they would have a hard time proving that he was performing job responsibilities as a ski instructor when he was skiing recklessly on a closed trail.
Did he clock out? Was he wearing a staff jacket?
MadMadWorld
Active member
From my own experience, unless you are in a lesson you are not clocked with a few exceptions. Instructors aren't supposed to free ski in their jackets but it happens from time to time.
Exactly.
fbrissette
Well-known member
A little different may be, but in both cases you have an off-duty ski instructor being reckless and hitting a kid.
Absolutely. As I was typing that I realized that there is indeed some similarity.
dlague
Active member
Most ski instructors are paid by the lesson. There generally more instructors then there are lessons. You may have one lesson and then the next hour not then an hour later have a lesson again. Generally not a scheduled shift for them. If you show up you let them know you are there and potential lessons come your way at meeting time. Meanwhile you keep your instructor jacket on.
Also many instructors use their jackets as lift tickets even though they re not checked in! Out west this may be different but for many instructors I know in the east - this is common practice.
legalskier
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"The couple's suit against the ski instructor is pending, as is the ski resort's countersuit against the couple."
I wonder what that's about.
I wonder what that's about.
Huh? :blink: "We're suing you for being dumb enough to sue a ski area."
Smellytele
Well-known member
From my own experience, unless you are in a lesson you are not clocked with a few exceptions. Instructors aren't supposed to free ski in their jackets but it happens from time to time.
Dlague Exactly.
Yes what dLague said "many instructors use their jackets as lift tickets even though they re not checked in!"
MadMadWorld
Active member
Originally Posted by MadMadWorld
From my own experience, unless you are in a lesson you are not clocked with a few exceptions. Instructors aren't supposed to free ski in their jackets but it happens from time to time.
Originally Posted by thetrailboss
Exactly.
Yes what dLague said "many instructors use their jackets as lift tickets even though they re not checked in!"
I was very guilty of this. When I was an instructor I had to go to a customer service desk to get a comp lift ticket. You would have to put the lift ticket on in front of the lady. If I wanted to ski with a buddy I would just wear his jacket into the office and then when I made it around the corner I would give him back his coat and then throw the instructor jacket back on!
dlague
Active member
Getting legal fees back? Although i though it you brought suit against someone and lost you automatically had to pay their attorneys fees!
VTKilarney
Well-known member
That would be England.
Not automatically, but if the judge finds that the suit was frivolous he can award sanctions.
could be the counterclaim asserted that the plaintiff was the cause of the collision. Whether that is true or not, the claim would have to be asserted to preserve the right to make that argument. It doesn't really tell you anything about the case.
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