Jay Peak Lawsuit - Page 11

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  1. #101
    thetrailboss's Avatar
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    Quote Originally Posted by gladerider View Post
    i am not disagreeing with you. the tricky part here is that this is very different from you and i buying into the skier's code and signing a waiver. it's not about how much fault/blame you can place on a reckless snowboarder either. and definitely not about that poor instructor. this is a case about a 5 year old, who was under JP's care. if you want sample cases? just look at the daycare industry. you think those parents sign a waiver?
    as a for profit organization selling a product (in this case a service of ski instruction), it is your responsibility to make sure your product is safe. i am not trying to say that the parents should have sued. what i am saying is that this is how often it works in this country in our legal system.

    now as a parent of 3 kids do i think JP could have done better? i think so. i cannot remember which resort, but i have seen in one occasion where more than 2 instructors (in the front, and the back of the group) were protecting a group of small children going down the mountain making sure the traffic behind the kids are alerted to stay far away from their kids.

    the net net of it is, the resorts will tighten up the instructors, raise the prices and create more process nightmares, well that sux doesn't it. blame the rogue snowboarder....it only takes just one punk.....
    This, again, is not about a product. That comparison is not accurate. This is about a service that was rendered and, as said, the parents signed a standard release before leaving their kid with the lesson. I took a (free) lesson at JPR 10 years ago and even then I had to sign a release. It's pretty standard and they are usually enforceable. They most likely agreed to release JPR for ordinary negligence.



    And yes, I've signed a release for my little one before she went to daycare at Snowbird.
    Live, Ski, or Die!


  2. #102
    Quote Originally Posted by gladerider View Post
    as a for profit organization selling a product (in this case a service of ski instruction), it is your responsibility to make sure your product is safe...
    skiing isn't safe. that's why there are waivers for participation at every turn.

    the consumer assumes those risks by agreeing to participate. parents assume those risks by signing their kids up for ski school.

    it's the nature of the sport. on rare occasions, horrible things happen. I know it sounds cold, but if you don't want to subject yourself or your loved ones to those risks, you have a choice to not participate. it's that simple.

  3. #103
    Quote Originally Posted by thetrailboss View Post
    Whoa, whoa. Hold on there Vladimir Putin...this isn't Russia. Criminal charges against corporations are very, very rare and only in extreme cases....like Deepwater Horizon. Yesterday most of us were skeptical about a civil case against JPR.

    And this is in no way a case of strict liability. This is not based on products liability or ultrahazardous activity.
    is that a fact or your assumption? also, i said i DOUBT it is a criminal case since like you said such case would be very rare.
    gladerider

  4. #104
    thetrailboss's Avatar
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    Quote Originally Posted by gladerider View Post
    is that a fact or your assumption? also, i said i DOUBT it is a criminal case since like you said such case would be very rare.
    It's a fact. Simple as that. This is not a lawsuit about a defective product and there is not a basis for criminal liability here. The claim against JPR is negligent hiring and training. That's a tort.
    Live, Ski, or Die!


  5. #105
    Quote Originally Posted by thetrailboss View Post
    This, again, is not about a product. That comparison is not accurate. This is about a service that was rendered and, as said, the parents signed a standard release before leaving their kid with the lesson. I took a (free) lesson at JPR 10 years ago and even then I had to sign a release. It's pretty standard and they are usually enforceable. They most likely agreed to release JPR for ordinary negligence.

    And yes, I've signed a release for my little one before she went to daycare at Snowbird.
    i used product/service interchangeably, but that's my bad. i think you are missing my point though. unless i am mistaken waivers protect the resorts normally from things that are out of their control. i bet this case is arguing that providing safe service is part of their control, which may be a tough case for an adult, but not so for a 5 year old, imo.

    also, i brought up the daycare thing just to show you that even though parents sign waivers for the daycare services, they sue daycares all the time and guess what, their chances are often very good.
    gladerider

  6. #106
    Quote Originally Posted by thetrailboss View Post
    It's a fact. Simple as that. This is not a lawsuit about a defective product and there is not a basis for criminal liability here. The claim against JPR is negligent hiring and training. That's a tort.
    did not know that. poor instructor. i still think JPR would lose based on kid's age. not good for the instructors in the future.
    gladerider

  7. #107
    thetrailboss's Avatar
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    Quote Originally Posted by gladerider View Post
    did not know that. poor instructor. i still think JPR would lose based on kid's age. not good for the instructors in the future.
    I feel bad for the instructor on duty and that was leading the group; the guy who ran into the group, as said, was an idiot.
    Live, Ski, or Die!


  8. #108
    Most likely the instructor was truly no longer employed. Since it was late season he was most likely told that his services were no longer needed as there were not enough lessons anymore. He still possessed his pass, because he had done nothing wrong to lose his job.

    Pretty much every mtn lays off most of its teaching staff at the end of the year, but lets them keep skiing on the pass. Since Jay has a RFID system I can guarantee you that the pass would have been terminated immediately had he been fired(I know it is at the mtn I am familiar with)
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  9. #109
    Quote Originally Posted by thetrailboss View Post
    Whoa, whoa. Hold on there Vladimir Putin...this isn't Russia. Criminal charges against corporations are very, very rare and only in extreme cases....like Deepwater Horizon. Yesterday most of us were skeptical about a civil case against JPR.

    And this is in no way a case of strict liability. This is not based on products liability or ultrahazardous activity.
    Magnitsky had it coming!

  10. #110
    fbrissette's Avatar
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    Quote Originally Posted by MadMadWorld View Post
    Is the expectation higher for patroller, race coaches, and instructors. Would the individual have been sued if it was just a regular joe? I really don't know if they would have gone after him.

    Sent from my SCH-I545 using AlpineZone mobile app
    I think expectations should be higher. If I was the ski school manager, I would make clear to all instructors that if you are skiing for free with a Jay Peak jacket on, you are an ambassador. You act nice, you talk to people, you help old ladies. As to the lawsuit, I think they would probably have gone after him anyway, but it sure helps the case against Jay Peak that the guy was an instructor.

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