2.1 Million Awarded in Snow tube accident

[Not Sure]

http://www.mcall.com/news/breaking/...ounty-verdict-snow-tubing-20150612-story.html

Because he was given a ticket and didn't read the warning?
What BS !!!!

 

[joshua segal]

It seems like snowtubing (which I have never done) is more in the category of "roller coaster", where the participants have minimal control over the experience. This is in clear contrast with skiing where with adequate skill, one has the potential to judge his/her control down slopes of various difficulties (or extreme conditions). I hate these lawsuits, but I'm not sure how I feel about the outcome on this one.

 

[Edd]

It seems like snowtubing (which I have never done) is more in the category of "roller coaster", where the participants have minimal control over the experience. This is in clear contrast with skiing where with adequate skill, one has the potential to judge his/her control down slopes of various difficulties (or extreme conditions). I hate these lawsuits, but I'm not sure how I feel about the outcome on this one.

This is pretty much my take on it. Seems like more of a ride than a run.

The article mentions that the defense claims that the injured man failed to take action to slow the tube. I don't know what controls would be in place to slow it down. I've never tried snow tubing either.

 

[skiNEwhere]

I think I snow tubed once at a resort at loon off the snubber chair, agree about the roller coaster analogy, there's nothing you can do.

You really aren't in control, at all. From just snow tubing down my local hill as a kid, the only way to slow down was to drag your toes in the snow if you were going headfirst, and even with this the effect was minimal.

The most effective way we had found to "stop" was by physically rolling off the tube so that the friction of our clothes would stop us quicker.

Option B would not have prevented the tuber in this lawsuit from getting run over though.

Even though the ski area made him sign a waiver, judges will still throw this out if they feel there was negligence on the ski areas part.

 

[Not Sure]

I feel bad for him , my wife has an on going neck issue from a car injury 16 yrs ago so I can sympathize .
That being said his pleading ignorance to the danger is ridiculous the tubing lanes are visible form the main lodge and chairs, if you've skied there you know when it gets icy tubing is fast. After all it is Pa. Ice is half the season.

The negligence should be with whoever was the traffic control , and the idiot who landed on him.
The person who landed on him should have seen him at the bottom. It's not clear if his injury happened before or after he was hit.

Someone gives you a ticket and somehow that is a license to sue is what troubles me . So this may affect ski area vouchers?

As far as speed control goes I guess you could drag a boot or two. I doubt he was the first person down.

 

[danimals]

This small hill used to be my home hill unfortunately. Snow tubed once there because the tickets were free, and flew into the net as well as the lanes were crazy icy.

 

[deadheadskier]

This is pretty much my take on it. Seems like more of a ride than a run.

The article mentions that the defense claims that the injured man failed to take action to slow the tube. I don't know what controls would be in place to slow it down. I've never tried snow tubing either.

As a kid in VT we had a tubing/luge course every winter. It was great fun to do in the evening after the mountain closed for the day.

I've been fortunate enough not to ever hurt my knee skiing. I flew off the luge track into the trees once and tore my MCL. It was three days before a trip to Summit County. I spent the week in the condo on crutches while my folks skied.

 

[bigbog]

It was beautiful day in the woodlands and with beautiful trout/salmon streams...hiking and a little wading & flycasting..catching a bunch of brookies around the Moosehead Lake area...and now I had to read this SiliconeBob. I forgot my camera...so I guess it's all talk anyways...(lol).

 

[skiNEwhere]

if you've skied there you know when it gets icy tubing is fast. After all it is Pa. Ice is half the season.

This is completely irrelevant. This isn't like skiing where you can judge the snow conditions and then decide how fast you're going to ski based on that.

In all reality, tubing is completely mindless and brainless. You get on, you go down the hill and you eventually stop due to the terrain flattening out or even going uphill a little at the end.

While its been a long time since I did commercial tubing, I highly doubt there are many, if any tubing places that state the rider needs to know how to steer or stop. Instead, a waiver will have the general warning that this can potentially be dangerous and other blanket statements to cover their ass.

I mean, there's no skill involved. You can't be an expert snow tuber. So outside of that individual being negligent (ie, trying to stand on the tube), I really don't see how they can be at fault when it is the ski areas responsibility to ensure they have enough stopping distance, and to add hay or a berm if they don't.

Even a sign at the end saying "course ends in xx feet", could be a cheap but effective precaution for the ski area but I didn't see any mention of that.

 

[steamboat1]

So outside of that individual being negligent (ie, trying to stand on the tube), I really don't see how they can be at fault

You're kidding me right?

 

[skiNEwhere]

You're kidding me right?

Explain how an individual is supposed to stop on their own. If you can, then I'm totally wrong

 

[Not Sure]

Explain how an individual is supposed to stop on their own. If you can, then I'm totally wrong

You may be able to control your speed by dragging a foot or two from the start.
I've seen huge vertical 1/4 pipe type ramps in the past ,that seems better than a net for stopping.
Safety relies on some vigilance by the next rider and attendant to prevent a collision.

 

[Edd]

I just don't see a customer being expected to slow speed by dragging feet. The safety needs to be engineered in, I would think. If it's super icy, well dang man, close the ride.

 

[steamboat1]

Explain how an individual is supposed to stop on their own. If you can, then I'm totally wrong

How about we start with theft of services. Tickets were non transferable. Where have I read that before? Oh that's right on lift tickets purchased at ski areas.

 

[cdskier]

How about we start with theft of services. Tickets were non transferable. Where have I read that before? Oh that's right on lift tickets purchased at ski areas.

Not sure I buy the "non-transferable" argument. I'd say that only applies once someone starts to use them. It is pretty normal for one person in a group to go up to the ticket window and buy all the tickets (i.e. a father in a family buying the tickets for himself, his wife, and his kids). Does that mean that since the father bought the tickets he is the only one that can legally use them? Of course not.

That said, I also don't buy the argument that since the guy didn't buy them himself, he didn't know about the warning on the back of the ticket.

I do agree though that tubing is completely different than skiing and the ski area needs to be responsible for ensuring the run is safe and that everyone safely stops at the bottom since there is very little a tuber can do to stop themselves.

 

[deadheadskier]

I worked at Wisp Maryland, which has an extensive tubing operations. I very much remember the hill being closed when it was too fast / dangerous.

 

[steamboat1]

Not sure I buy the "non-transferable" argument. I'd say that only applies once someone starts to use them. It is pretty normal for one person in a group to go up to the ticket window and buy all the tickets (i.e. a father in a family buying the tickets for himself, his wife, and his kids). Does that mean that since the father bought the tickets he is the only one that can legally use them? Of course not.

That's not what happened according to the article.

"Griffith said Andrew and Jennifer Roebuck of Souderton went to Bear Creek in February 2010 on a church ski trip with their sons. After Andrew Roebuck skied, he returned to the lodge, where another member of the church group gave him three snow tubing tickets she was unable to use that day".

Since he skied that day he bought a lift ticket. I'm sure the lift ticket had the liability waiver printed on the back.

 

[ThinkSnow]

Griffith said jurors also heard testimony that no one who worked for the resort had ridden the snow tubing run before the staff opened it the night of the accident

Doesn't this "resort" have ski patrol? While I can't speak for tubing, ski areas generally have ski patrol check out conditions prior to allowing customers on the hill. Maybe they need "tube patrol."

 

[deadheadskier]

I've seen tubing parks closed for being too fast / dangerous.

 

[HowieT2]

I've seen tubing parks closed for being too fast / dangerous.

and the resorts manager admitted that,

Nonetheless, Griffith said he obtained evidence that a manager had recorded that the snow tube slope was "smoking fast," he said.

so hard to comment on a case based only what's written in a news report, but I have a hunch the fact that P was injured when another tuber landed on him was a big reason this wasn't dismissed under an assumption of risk defense.