A skier who skied off a marked trail and then collided with a wall - suffering severe internal injuries - has managed to revive a lawsuit against Snowbird, a ski resort in Utah. William Rothstein claims to have skied through a gap in a rope, in a cordoned off area, which he mistook for an entrance to an open trail. He crashed into a wall made of railway sleepers that was covered by a thin layer of snow, and sustained broken ribs, kidney injuries, liver damage and a collapsed lung.
Snowbird had initially won an earlier ruling, because Rothstein, like all skiers who buy season lift passes had signed a waiver meaning that he accepted the inherent dangers of the sport and in particular a clause that stated that the skier assumes all risk "including the negligence of Snowbird, its employees and agents." But the Supreme Court decided that the release goes against a state law, which was written to protect resorts by keeping liability insurance rates affordable. This means that Rothstein can now attempt again to sue Snowbird for what he claims was negligence.
Jesse Trentadue, a lawyer representing Rothstein, claims the ruling will "encourage ski resorts to be more careful in their operations". However the more likely outcome is to simply encourage people who sustain an injury whilst in skiing or snowboarding to try and bring about a law suit against the resort, meaning higher insurance premiums higher lift pass prices and even more restrictions imposed on skiers.
Many in nearby Salt Lake City have been outraged by the ruling, saying that people should take responsibility for their own actions and stop encouraging the creation of a Nanny State, where people have to be mollycoddled by the government in every aspect of their lives.
The so called "sue culture" that now blights America, and is also becoming more common in other western countries, has meant that due to fear of being sued over some ridiculous claim of negligence, many businesses are limiting their services to protect themselves from financial ruin. The outcome for this is that while a few individuals benefit financially from a payoff, everyone else suffers higher insurance premiums or increasingly more severe restrictions over their freedoms, all in the name of "insurance purposes."
Of course, on occasion, there are some genuine acts of negligence which lead to serious injury, and in these cases compensation should be awarded, but the vast majority of cases going through the courts appear to be from greedy individuals out to exploit the system for their own financial gain. It's now a sad fact of life that a massive industry has sprung up around trying to find reasons to blame others, rather than taking responsibility for ourselves.
For the sake of Snowbird ski resort, as well as restaurants, guesthouses and
hotels in Salt Lake City, it's hoped that the ruling goes in favour of the ski area and that the skier accepts responsibility for his own actions. But if Rothstein is successful in his case, it's likely to open the flood gates for all manner of other gold diggers and as a result, push up ski pass prices, and induce further restrictions on winter sports fans.
