Liability of Ski Rental Companies

**neufox47** · 01-17-2017, 01:21 AM

Originally Posted by GPP33

I'd be interested to know how she plans to prove they weren't set up properly which I assume is the premise of her suit. Was she smart enough to somehow document the the din setting was incorrect for her claimed ability/weight?

This. Did she preserve the evidence? If not, good luck. Unless there is an obvious mistake on the form she has no evidence. What's more likely, she just messed up her knee skiing because skiing is dangerous or that the shop fucked up? Pretty easy to argue the former when a couple thousand people didnt get hurt that day.

If she preserved the evidence, then they likely need an expert to test the boot / binding and determine if the binding was adjusted to the correct specs and functioning properly. Even if the attorney is working on contigency the expert won't - they pay out of pocket.

If there was something wrong with the binding or the boot then I think she will get a payment. If not, it will be thrown out of court if her attorney doesnt stop working the case before it gets to that point.

I had a chair fall off the cable and I got $6 grand. Less than 20% of my medical bills. But some woman just got $750k from Killington because she was trapped on the gondola for 6 hours. YMMV.

Attorney's take files just to test them out all the time. I recently had an attorney come in guns blazing, then he found out it was a 3rd party liability claim not a first party property claim. After a confusing few minutes on the phone with J.D. dumbass, he hasnt responded to my emails and calls or the calls of his client for months. Now his client is asking me what to do.

**Bunion 2020** · 01-17-2017, 07:15 AM

If she preserved the evidence, then they likely need an expert to test the boot / binding and determine if the binding was adjusted to the correct specs and functioning properly.

A part of the process is that when an accident form gets filled out by Patrol, the rental shop (if affiliated with the ski area) is notified and pulls the equipment and runs a full function test on the package and documents the results.

**fastfred** · 01-17-2017, 08:09 AM

Originally Posted by Peruvian

I'm just popping in to complain about my insurance premiums.

yup!

This story is all the new mountain town standard, but it's mostly related to slip and falls. If you look around any hoa, etc condo commercial buildings tons of signs will proclaim that you are in a "high alpine environment slipper conditions ice and snow may exist" People are coming out on vacation putting their heads in their ass and falling on their ass. They then sue the hoa, building owner, plow company, shovelers, or even the gov't. Lots of lawsuits out there. Lot's. It sucks if your a small business plowing or shoveling snow, the lawyers go after everyone, most of the time its' just a sore elbow or back that they are suing for

**neufox47** · 01-17-2017, 10:27 AM

Cmon, we all know it is the evil insurance companies fault

**XXX-er** · 01-17-2017, 11:58 AM

isnt insurance companies settling the problem?

**#######** · 01-17-2017, 12:18 PM

Does she plan on suing the surgeon after she gets triggered in physical therapy?

**old goat** · 01-17-2017, 04:14 PM

Originally Posted by seano732

Ah, got it..... Makes sense. Full disclosure, I'm a snowboarder.

Then you would stand zero chance in front of a jury.

I was under the impression that with contingency fee cases the lawyer pays all the costs--experts, etc--regardless of whether he wins or loses, so the client is not on the hook for anything. Which is why so many cases get dropped or settled before experts, depositions, etc.

**neufox47** · 01-17-2017, 04:54 PM

Originally Posted by old goat

Then you would stand zero chance in front of a jury.

I was under the impression that with contingency fee cases the lawyer pays all the costs--experts, etc--regardless of whether he wins or loses, so the client is not on the hook for anything. Which is why so many cases get dropped or settled before experts, depositions, etc.

I've only heard of lawyers paying the experts out of pocket in John Grisham novels and that Julia Roberts movie.

**I've seen black diamonds!** · 01-17-2017, 05:28 PM

"Anyone suing a ski resort should be shot."

-Scot Schmidt.

Applies in this case too.

**baron** · 01-17-2017, 10:32 PM

Originally Posted by I've seen black diamonds!

"Anyone suing a ski resort should be shot."

-Scot Schmidt.

Applies in this case too.

unless they serve you rotten food and you get sick type of thing.....I bring my own food weekdays now...you do not want the nasty weekend leftovers

**seano732** · 01-18-2017, 09:12 AM

Originally Posted by neufox47

This. Did she preserve the evidence? If not, good luck. Unless there is an obvious mistake on the form she has no evidence. What's more likely, she just messed up her knee skiing because skiing is dangerous or that the shop fucked up? Pretty easy to argue the former when a couple thousand people didnt get hurt that day.

If she preserved the evidence, then they likely need an expert to test the boot / binding and determine if the binding was adjusted to the correct specs and functioning properly. Even if the attorney is working on contigency the expert won't - they pay out of pocket.

If there was something wrong with the binding or the boot then I think she will get a payment. If not, it will be thrown out of court if her attorney doesnt stop working the case before it gets to that point.

I had a chair fall off the cable and I got $6 grand. Less than 20% of my medical bills. But some woman just got $750k from Killington because she was trapped on the gondola for 6 hours. YMMV.

Attorney's take files just to test them out all the time. I recently had an attorney come in guns blazing, then he found out it was a 3rd party liability claim not a first party property claim. After a confusing few minutes on the phone with J.D. dumbass, he hasnt responded to my emails and calls or the calls of his client for months. Now his client is asking me what to do.

Ya, I seriously doubt they preserved jack shit.... SIL told the wife that "the machine was broken that day"...... When I asked what in the blue fuck that meant, she just shrugged and said I'd have to ask the SIL, which I'd rather poke myself in the eye with a sharp stick. So I'm eagerly awaiting to see how this landmark legal case proceeds. FFS.

**Skidog** · 01-18-2017, 09:17 AM

Originally Posted by seano732

Ya, I seriously doubt they preserved jack shit.... SIL told the wife that "the machine was broken that day"...... When I asked what in the blue fuck that meant, she just shrugged and said I'd have to ask the SIL, which I'd rather poke myself in the eye with a sharp stick. So I'm eagerly awaiting to see how this landmark legal case proceeds. FFS.

cmon man, what kind of skier are you that you dont know what "the machine" is? JONG...

This should work out great for SIL....my only wish is that you post the story of your gloating at the next family gathering after they are laughed out of court..

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