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I guess they will be taking fired employees passes when they are fired not a week later. Also I don't think the actual instructor teaching the class is liable but who am I to say what will be found in a court of law.
Weird that Jay Peak had apparently terminated the employee in question but had yet to revoke his employee lift pass, as they were going to "exchange" it for his final paycheck? Knowing what ski area employees are paid, I'm thinking a lift pass is worth more than the paycheck.
I guess they will be taking fired employees passes when they are fired not a week later. Also I don't think the actual instructor teaching the class is liable but who am I to say what will be found in a court of law.
The problem with just suing him is that he probably has very little money and probably no insurance. They won't be able to get much out of him. The resort is their primary target here for $ compensation.This goes back to that last thread for me - the person who should be sued - ASSUMING he was just bombing, unable to stop in time to avoid other skiers - is the person who slammed into the little girl.
This goes back to that last thread for me - the person who should be sued - ASSUMING he was just bombing, unable to stop in time to avoid other skiers - is the person who slammed into the little girl.
The problem with just suing him is that he probably has very little money and probably no insurance. They won't be able to get much out of him. The resort is their primary target here for $ compensation.
This is a tough case. The child's parents knew skiing was inherently dangerous and proving liability against Ski areas can be very tough. However, a five year I ld will be a sympathetic witness. So for that reason alone the case has value. The case really hinges on whether the snowboarder was out of control. If he was HE probably has some liability. The attorney who filed it framed it as negligence by the instructor and the mountain for taking the kids down a certain trail. They need this to rope in Jay Peak. That's a much tougher case. The case against the snowboarder is probably useless as he probably has no money.
This is a clear case of suing everyone and their brother to try and make it stick to the the corporation! It happens with traffic accidents, personal injury suits etc. Name as many poeple or companies as defendents to possibly collect as much money as possible.
This is a very good example of an an ignorant snowboarder and there are skiers alike! They want to show everyone one on the trail how good they really are and haul ass with no idea of their lack of control. Likewise, there are newbies that are totally out of control that learn new skills, think they got it and will then proceed to difficult trails and become road blocks! When there are young children on the slopes -they are defenseless and are not predictable irregardless of the difficulty of the trail.
Speaking of the trail, I find it pretty hard believing some one hit 50 unless they were at the very top of Interstate where River Quai connects. Even then there is great visibility there and that is also a trail intersection and a lift unloading zone where most sane people would use caution in any case. The only other intersection is with Queens Highway which has no possibility to see speeds of 50.
In any case this lies totally on the reckless individual - all other parties could not have predicted the havoc this guy would result in. Whether he was snowboarding on a company pass or not. At that time he was not representing Jay Peak whether fired or not!
This being said, I love those people who sue in situations like this - both skiing and snowboarding are inherently dangerous sports since every element is not in your control. There are risks like catching an edge at the wrong time, other out of control or even in control ticket holders that could lead to collisions, visibility (snowing, low light situations), one's own ability versus terrain difficulty, equipment, etc. that can all lead to injury or death. This is not a predictable sport - most are not. Parents who bring their children need to realize this! Adults sking together need to realize this, teenagers need to realize this. Shit will happen - we have had our share! Suing the resort or the instructor is ridiculous in this case!
Should the resorts start requiring customers to sign the Code of Responsibilities and a Release Waiver?