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Ski Sundown Lawsuit

bvibert

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Grassi21

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Wow, just wow. Some people really don't get it.

While reading the Sundown haters comments all I heard was "when I am not watching my kid (if I even care to monitor his/her behavior at all), he/she is YOUR problem." F that! I see it on a daily basis at the HS. Take some initiative in raising your children and don't rely on an coach, camp counselor, or ski area to teach your kids right and wrong.
 

2knees

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While reading the Sundown haters comments all I heard was "when I am not watching my kid (if I even care to monitor his/her behavior at all), he/she is YOUR problem." F that! I see it on a daily basis at the HS. Take some initiative in raising your children and don't rely on an coach, camp counselor, or ski area to teach your kids right and wrong.

anything my kids do correctly is because of how i raised them. anything they do wrong is the fault of teachers, other parents, friends etc....

I basically hear this everyday from parents in my neighborhood. well, if you read between the lines of what they're saying but you get the idea.
 

SkiDork

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in all fairness there's a bit of a difference between just letting the kid tool around the slopes unsupervised and entrusting the kid to a camp counselor or a coach.
 

Madroch

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in all fairness there's a bit of a difference between just letting the kid tool around the slopes unsupervised and entrusting the kid to a camp counselor or a coach.

+1. I was always in camps as a young kid when not skiing with adult-- same with my kids (to date anyway), with a coach/teacher or with me... period. This year may change/challenge that but I hope my hard work stressing safety (how to ski, where to ski, where to stop, where not to ski and stop (landings of park features, middle of the trail, on another person, etc.) pay off.
 

mondeo

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in all fairness there's a bit of a difference between just letting the kid tool around the slopes unsupervised and entrusting the kid to a camp counselor or a coach.
There's also a big difference between a 12 year old and a 15 year old. Odds of everyone blaming parents or Sundown of not having a kid in high school yet?

Heck, at 15 I'm pretty sure I was going skiing without my parents, just my older brother. I know that I was spending a significant amount of time on my own once we got to the hill. Independance has to start at some point.
 

Grassi21

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in all fairness there's a bit of a difference between just letting the kid tool around the slopes unsupervised and entrusting the kid to a camp counselor or a coach.

I will accept that in a coach/counselor setting.

What I was getting at is that kids aren't learning responsibility and accountability at home. When a coach or counselor calls out a kid for not taking control of his or her situation or growth the coach gets blamed. Is it my responsibility to teach this to someone's kids or should it start at home? It should start at home and get reinforced by coaches, counselors etc. I see this every spring. And where it applies to the situation in this thread is that if kids were more responsible and accountable, ski areas wouldn't get sued for poor judgment of a minor.
 

gmcunni

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maybe it isn't over... guess i'm not surprised.
Ralph Monaco of New London, Conn., the Plaintiff's attorney, indicated that he would file an appeal based, in part, on the Judge's decision to not allow the jury to hear details of a 2005 effort to change a Connecticut law granting immunity to ski area operators.
 

vonski

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I agree with the outcome of the lawsuit. In regards to kid responsibility. My son is 12 now and last year and the year prior he was allowed to ski with his friends at Ellen at Sugarbush. He would have radio and parents have them too. Never a problem, no unmarked woods skiing was one rule. and they were in group of three. Last year, if no friends around he would make a friend in terrain park and hang out there on his own. I taught him well and he knows his limitations. He is also a good skier. So, depending upon the kid and maturity level also plays a factor in this. I never want to get the call that he is hurt but if he does get hurt it is his and my responsibility solely.

I just loved the helicopter parents making comments on the registered citizen website article. UGGHH!!
 

drjeff

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almost 2 years later this is (was??) still going on.

Court rules Ski Sundown in New Hartford not liable for skier's injuries

HARTFORD — The state Appellate Court says a ski area in New Hartford isn't liable for an accident in 2006 that paralyzed a 15-year-old boy.

http://www.registercitizen.com/articles/2012/06/19/news/doc4fe076eb6f707121677692.txt

Unfortunately, my guess is that this won't be the last appellate court ruling that we'll hear on this issue. A tragic event all for the indivdual for sure, but there are times when the parties involved must accept that fact that it was the actions solely of that individual that were the cause of the accident, and that as unfortunate as it was/is, it is they, themselves, and not some other party that will have to deal with the financial implications of their own doing. This ruling my guess could very well be appealed to the State Supreme Court
 

skidmarks

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It was a fair trial and the jury made the right call. I hope the kids family has good health insurance to take care of his needs.
 

HowieT2

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Unfortunately, my guess is that this won't be the last appellate court ruling that we'll hear on this issue. A tragic event all for the indivdual for sure, but there are times when the parties involved must accept that fact that it was the actions solely of that individual that were the cause of the accident, and that as unfortunate as it was/is, it is they, themselves, and not some other party that will have to deal with the financial implications of their own doing. This ruling my guess could very well be appealed to the State Supreme Court

fwiw- given the catastrophic nature of the injuries involved, it's most likely that the medical expenses are being borne by medicare/medicaid. so it's not so simple as to say the victim is bearing responsibility for the accident, when we all, as taxpayers, are. It's important, in order to make tragedies such as this less likely, that both the participant and the resort operator exercise reasonable care in what they are doing, which is, in general, what the law requires. In NY, a skier assumes the risk of the dangers inherent in the activity and the resort operator may only be held responsible if it in some way negligently created a dangerous/hazardous condition not inherent in the sport. for example, the operator wouldnt be responsible for a skier crashing into a snow gun tower on the side of a trail, but could be responsible if they left an unmarked hose running across an open trail which causes a skier to fall.
 

jack97

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Not sure about this but I thought most personal injury lawyers take a percentage of the settlement and don't bill by the hour. If so, then the plaintiff and lawyer has nothing to lose but their time to take their case up to the highest court.

Unfortunately, Sundown still has to pay their legal team to prepare and represent them in court. This situation blows for them. They are in a way being blackmailed; pay their own laywers or pay the plaintiff to make this go away.

No wonder laywers get a bad rep.
 

HowieT2

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Not sure about this but I thought most personal injury lawyers take a percentage of the settlement and don't bill by the hour. If so, then the plaintiff and lawyer has nothing to lose but their time to take their case up to the highest court.

Unfortunately, Sundown still has to pay their legal team to prepare and represent them in court. This situation blows for them. They are in a way being blackmailed; pay their own laywers or pay the plaintiff to make this go away.

No wonder laywers get a bad rep.

You could not be more wrong. The plaintiffs lawyer not only doesnt get paid unless they win, but also pays for the litigation expenses. So putting aside the value of the lawyers time, he probably laid out of his pocket somewhere in the neighborhood of 50k-100k just to get to this point. Maybe more.

On the other hand, the defendant ski sundown, is being represented by their insurance carriers attorneys who are either employees of the carrier or on retainer. Either way, it is highly unlikely this is costing sundown much if anything.

Lawyers get a bad rap because the general public is misinformed due to the propaganda campaign being waged for the last 30 years by insurance industry, big business etc.
 

jaytrem

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Lawyers get a bad rap because the general public is misinformed due to the propaganda campaign being waged for the last 30 years by insurance industry, big business etc.

You couldn't be more wrong. Lawyers get a bad rap because there really are a bunch of sleazy ones out there. But there are also a bunch of lousy teachers that give teachers a bad name. And a bunch of corrupt cops that give cops a bad name. And a bunch on knuckle smacking nuns that give nuns a bad name. The only group that is actually 100% sleazy would be the career politicians.
 

deadheadskier

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You couldn't be more wrong. Lawyers get a bad rap because there really are a bunch of sleazy ones out there. But there are also a bunch of lousy teachers that give teachers a bad name. And a bunch of corrupt cops that give cops a bad name. And a bunch on knuckle smacking nuns that give nuns a bad name. The only group that is actually 100% sleazy would be the career politicians.

you forgot snowboarders

:spin:

:lol: ;)
 

HowieT2

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You couldn't be more wrong. Lawyers get a bad rap because there really are a bunch of sleazy ones out there. But there are also a bunch of lousy teachers that give teachers a bad name. And a bunch of corrupt cops that give cops a bad name. And a bunch on knuckle smacking nuns that give nuns a bad name. The only group that is actually 100% sleazy would be the career politicians.

You are correct. It just seems that the prevailing public opinion is that, all lawyers and lawsuits are sleazy. We do have our share though.
 

legalskier

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Everyone hates a lawyer....except those standing next to one at counsel table.
;-)
 
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