Jay Peak Lawsuit - Page 3

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  1. #21
    on Facebook someone commented on Jay Peak's page basically implying they should just pay for the damages anyway since they more or less have the funds. The case is more nuanced than that but unfortunately there is always perception to deal with, especially since this case involves a very young child which makes people often throw logic / reason out the window and just want the situation rectified by those with the biggest pockets. No matter which way you cut it its surely a PR difficulty for a mountain.
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  2. #22
    Quote Originally Posted by deadheadskier View Post
    No

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    how about people hurt on the job?

    personal responsibilty only?

  3. #23
    What if the instructor failed to look back uphill. What if the instructor saw the snowboarder and still brought 5 yr olds into the path of a high speed boarder. Doesn't an instructor have an obligation to act in a safe manner? What if she could have been safer? What if she failed to follow standard safety protocol for the PSIA? What if some of these things turn out to be truths? The family will recover something in this case. A jury probablywon't tell a five year old little girl she gets nothing. They are way more likely to give a huge award to the family so what will happen is the insurance company will make a substantial offer but not full value and the family will take it because of the problems with the case.

  4. #24
    Quote Originally Posted by kingdom-tele View Post
    how about people hurt on the job?

    personal responsibilty only?
    what does a work place injury have to do with this?

  5. #25
    thetrailboss's Avatar
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    Quote Originally Posted by kingdom-tele View Post
    how about people hurt on the job?

    personal responsibilty only?
    We have this thing called workers compensation....
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  6. #26
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    Quote Originally Posted by skiberg View Post
    What if the instructor failed to look back uphill. What if the instructor saw the snowboarder and still brought 5 yr olds into the path of a high speed boarder. Doesn't an instructor have an obligation to act in a safe manner? What if she could have been safer? What if she failed to follow standard safety protocol for the PSIA? What if some of these things turn out to be truths? The family will recover something in this case. A jury probablywon't tell a five year old little girl she gets nothing. They are way more likely to give a huge award to the family so what will happen is the insurance company will make a substantial offer but not full value and the family will take it because of the problems with the case.
    Not necessarily.
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  7. #27
    Quote Originally Posted by deadheadskier View Post
    what does a work place injury have to do with this?
    not much.

    If the instructor was drilled though I would imagine they would take medical compensation, it is an inherently dangerous job. A five year old under supervision of an adult partaking in a resort based activity gets drilled and people act like the parents are spoiled. A shame one gets access to compensation while the other is the recipient of third party disgust.

    Doesn't matter, hopefully the parents and child go on to lead a beautiful, healthy together.

  8. #28
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    The lawsuit claims Jay Peak was negligent in how it hired and trained Vincent and Leveillee.
    Really? While they're at it why not sue for making the snow so slippery? Or sue the snowboard manufacturer for making the boards with steel edges? They're sandbagging and they know it - adding as many charges as they can think just to make things seem worse than they are.


    Those kids should be made to be personal servants to that little girl for the rest of her life if she doesn't make a full and complete recovery.
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  9. #29
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    Quote Originally Posted by kingdom-tele View Post
    not much.



    If the instructor was drilled though I would imagine they would take medical compensation, it is an inherently dangerous job. A five year old under supervision of an adult partaking in a resort based activity gets drilled and people act like the parents are spoiled. A shame one gets access to compensation while the other is the recipient of third party disgust.

    Doesn't matter, hopefully the parents and child go on to lead a beautiful, healthy together.
    There's no real comparison.

    Again, for your hypo, the employee would probably get workers compensation benefits from her employer. She sure as hell won't get rich. She could not sue her employer though but she might be able to sue the dingo who hit her.

    And people are angry because they see the parents going after whoever they can to seek compensation, regardless of fault. It is unfortunate that this is a case where the real person at fault is penniless. That's what [mandatory] healthcare coverage in Massachusetts is for. Additionally, they could get a judgment against the guy and collect over the next how many years from him.

    Again the fact that the guy had no money does not justify suing someone else if there was no fault. Personally with these facts, I'm having a hard time seeing any fault for JPR.
    Last edited by thetrailboss; Oct 15, 2013 at 1:22 PM.
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  10. #30
    Quote Originally Posted by Nick View Post
    on Facebook someone commented on Jay Peak's page basically implying they should just pay for the damages anyway since they more or less have the funds. The case is more nuanced than that but unfortunately there is always perception to deal with, especially since this case involves a very young child which makes people often throw logic / reason out the window and just want the situation rectified by those with the biggest pockets. No matter which way you cut it its surely a PR difficulty for a mountain.
    After reading that thread on FB, which might I add is full of a bunch of ski industry folks from resorts all over the country, the person you referenced Nick who has making the comments that Jay Peak should just fork over the cash, kind of struck me as "Highwaystar-esque" (or at least the HS of a few years ago, since it has seemed to me that HS to his credit has matured a bit the last few years)

    I'm guessing that there isn't an instructor, especially teaching a group of single digit aged kids on a high traffic trail, who would knowingly stop their group in a blind area, even if another child in the group had say fallen and needed assistance getting back up.

    The skier's/boarder's responsibility code pretty much sums it up where the it's the person who is doing the passing job to stay out of the way of the downhill skier/rider and that person should always be in control and able to stop under the conditions at hand
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