now thats funny . .
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Chair falls from lift at Attitash
- Thread starter urungus
- Start date
Edd
Well-known member
Having breakfast now at a joint a few miles from Attitash. Rumor is the man who was dropped from the lift was having drinks that same night at the Red Parka.
Good for him and very lucky. He still deserves a massive pay out. He's lucky he isn't dead
jimmywilson69
Well-known member
I'd ask for 20 Million in Vail Stock and then fire everyone in Corporate management.
BenedictGomez
Well-known member
Sure, it turns out he's okay, but I'm sure the "mental trauma" is unbearable.
Are you suggesting that damages should only be awarded commensurate with physical injury?
I certainly think degree of injury should play the biggest factor, but if negligence is proven, that should be worth a fuck ton too. Not only to benefit the plaintiff, but to discourage Vail from cutting corners in the future.
The other factor to consider is you never know how the damage to his body from this event might result in unknown physical quality of life issues in the future. I say this from experience. I dislocated my shoulder in a skiing accident when I was 18. After the original recovery, I was fine until about aged 40. Now that shoulder is destined for surgery and I have to constantly do PT (lately self administered as I've done it enough with a therapist to know what I'm doing) and occasionally get cortisone shots. Two orthos have both said it is because of the dislocation when I was young. Hopefully this guy doesn't have similar problems.
BenedictGomez
Well-known member
No, but the degree of physical injury is highly deterministic in terms of the level of real-world payouts. So the fact this guy appears to be 100% okay (AFAWK), will most likely hurt the sum of money the ensuing lawsuit (which we all assume's coming) will extract from Vail.
also depends on how it affects his future quality of life.....
Any personnel injury aka Ambulance Chaser would drool over this one....
That is not the case when the defendants conduct is merely negligent. Negligence, or a failure of ordinary care, entitles the victim to compensatory damages which are limited to their loss. If the conduct is reckless then the defendant can be liable for punitive damages.
You are right in that its an easy liability case but I think you're overestimating the value. If the victim isnt really hurt, the case isnt worth that much.
I'm not estimating any $$$$$
Just know 2 attorneys who are making the rounds following up the case.....
BenedictGomez
Well-known member
Well, the nice thing about New Hampshire is at least you don't have to see this crap.
SkiingInABlueDream
Active member
The outcome wrt injuries would've been very different if there had been 4 ppl on the chair
KustyTheKlown
Well-known member
deep pocketed ski corp may pay a decent penny to just settle it on the relative quiet, which is plenty valuable to a plaintiff and their lawyer
Dickc
Active member
Yup, the lift is still there.........
One thing that made me realize that payouts often aren't what you might expect was a horrific event that happened to my grandmother. She was getting a crown at the dentist with that molding paste that goes in a tray to make an impression. It obviously wasn't intentional, but the dentist broke the mold when removing it and a piece went down her throat and ultimately perforated her bowel. She spent the last 4 years of her life with a colostomy bag because it was feared she wouldn't survive the reversal at her age.
The payout after 3 years of legal back and forth? $100k. I'd think being forced to carry around a bag of your own crap for the last 4 years of your life due to no fault of your own should be worth more than $100k. It constantly got infected and occasionally would leak. She basically didn't want to leave her apartment because of it. This was ten years ago. So, probably not that much more money today.
The payout after 3 years of legal back and forth? $100k. I'd think being forced to carry around a bag of your own crap for the last 4 years of your life due to no fault of your own should be worth more than $100k. It constantly got infected and occasionally would leak. She basically didn't want to leave her apartment because of it. This was ten years ago. So, probably not that much more money today.
urungus
Well-known member
Billboards are very much legal in the “Live Free or Die” state. I believe only booze adverts are prohibited.
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Further, New Hampshire does not recognize gross negligence which is intermediate between negligence and recklessness. Given the waiver you agree to and the difficulty of proving recklessness plus the background of support for the ski industry I am starting to see that despite the drama, this case might not have a lot of value.
This is more the exception than the rule. Plaintiff and their lawyer are usually dealing with a penurious insurance company and not the actual culprit
KustyTheKlown
Well-known member
right. usually defendant is not mega publically traded ski corp already having a rough run in the market, with a nasty publicity issue that is more of a threat than the actual liability