60 year old Man sues 8 year old Child....
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Expert ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() Look out for fast moving 8 year olds on the slope this year... http://www.foxnews.com/story/0,2933,317790,00.html Seriously, who sues a child? |
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Champion ![]() ![]() ![]() ![]() | ![]() I would. If you get hit by a car driven by a 16 year old, who do you sue? Same situation. I love how the mom says the kid couldn't have been going more than 10mph. I know I wouldn't want to get hit by a 50 pound object at 10mph. |
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![]() | ![]() Ehh... I think you take a good amount of risk when you go skiing. Risk without insurance or helmets or anything. Accidents happen. That guy is a douche bag. |
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Master ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() The mom's got it all wrong in defending the kid. Doesn't take much to crash a guy on skiis - may not have even taken contact to make it happen. Regardless, it looks like Phahlers going after things that are a bit iffy: 1. Physical Therapy: Watch out, or Readers Digest will want reimbursement ala Walmart! 2. Vacation Time: iffy. 3. "...services provided by Phahlers wife": This is way iffy. It'd be different if they had to hire someone to take care of him. This'd be like charging my wife when I mow the grass. 4. Other expenses: ?? I'd bet the bulk of the 75k is #3 and can be tossed. |
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Expert ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() Skiing can be dangerous, the lift ticket has the discliamer on it that says it is dangerous. Just cause you can't sue the resort dosen't mean you sue the kid. And 10mph on a slope is not fast. |
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Champion![]() ![]() ![]() ![]() ![]() ![]() | ![]() CubeFarmGopher - 2007-12-21 11:11 AM I would. If you get hit by a car driven by a 16 year old, who do you sue? Same situation. It's not the same situation at all. |
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![]() | ![]() My eldest son just got certified with the National Ski Patrol. He started patrolling this week. One thing they stressed in his training was following protocol to help keep from being sued. You go skiing, you take a risk. It's voluntary. I hope they end up making him pay for court costs. |
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Elite ![]() ![]() ![]() ![]() ![]() | ![]() leapdog - 2007-12-21 11:23 AM The mom's got it all wrong in defending the kid. Doesn't take much to crash a guy on skiis - may not have even taken contact to make it happen. Regardless, it looks like Phahlers going after things that are a bit iffy: 1. Physical Therapy: Watch out, or Readers Digest will want reimbursement ala Walmart! 2. Vacation Time: iffy. 3. "...services provided by Phahlers wife": This is way iffy. It'd be different if they had to hire someone to take care of him. This'd be like charging my wife when I mow the grass. 4. Other expenses: ?? I'd bet the bulk of the 75k is #3 and can be tossed. Problem here is in the article the Dad already admits that his son hit the guy's skiis. The numbers seem really fishy and treatment is fishy too. I see out of court settlement written all over it. Take the age context out of it... Would everyone still think it is crazy? What if it was two middle aged people? Just a thought. |
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Expert ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() I have seen people recklessly fly down a hill and I could understand the lawsuit in that case, but I really think people should just except the fact that the ski slopes can be dangerous, especially crowded ones and to go on the slope means you are excepting that risk. Whether he's 8 or 18 sh*t happens, it was a mistake, deal with it. |
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![]() | ![]() JChristoff - Would everyone still think it is crazy? What if it was two middle aged people? Just a thought. Yea. Two years ago my son and I were skiing in the Poconos. (same son who just got certified with the National Ski Patrol) We were riding up a quad with another Dad and his son. We had never met. The guy and I were in the middle, and were talking about getting older and the problem of injuries when you're older. He also told me how this was his son's first time out on a snowboard, and that he was having a lot of trouble with it. We come to the end of the lift and start to get off. The kid falls flat on his face. He kicks the legs out from under his Dad. The guy slams into me and knocks me down. I catch myself using the same arm I severely dislocated a few years earlier. Whamo, shoulder injury getting off a ski lift. But I chose to be there. No one forced me. And little kids who don't have control over their snowboards are part of the package. So are adults who may be learning to ski for the first time and don't have full control.
Edited by dontracy 2007-12-21 10:42 AM |
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Champion ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() |
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![]() whoa whoa whoa.... I haven't read the article, so don't know the details, and maybe this is a frivolous lawsuit, but..... a bit of a hijack Are poeple really saying if you ski you assume all risks of getting hit? I know a guy that was standing downslope, some yahoo came down waaay too fast and out of control, took him, out, broke both his legs. I don't know if he sued, but are people saying that no matter what any other person does to you - i.e., skiing straight down a ski slope out of control -- the guy standing there is responsible for getting hit? I hope I never have any of you on a jury of mine (unless i was a defendant, of course) I've been skiing since I was 5 (35 years), snowboarding since 1992. All responsible skiers/riders know the upslope person is responsible for getting out of the way of the person downslope. I don't care if the person is making huge snowplow traverses, ya can't just hit em and say "well, you were skiing, tough on ya" |
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Extreme Veteran ![]() ![]() ![]() ![]() ![]() | ![]() The sad thing is that people can sue for anything. H3ll, someone could sue you for a post on BT if they wanted. I agree that he should have to end up paying all the court fees... this is freaking frivilous. Everyone knows you take risks when you participate in any sporting event. You accept those risks when you do participate. (Watch him win!) |
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![]() | ![]() ChrisM - Are poeple really saying if you ski you assume all risks of getting hit? Yea I'd say so, unless there's criminal intent. |
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Champion ![]() ![]() ![]() ![]() | ![]() LaurenSU02 - 2007-12-21 11:25 AM CubeFarmGopher - 2007-12-21 11:11 AM I would. If you get hit by a car driven by a 16 year old, who do you sue? Same situation. It's not the same situation at all. Reckless endangerment committed by a minor. The same "he knew the risk" statement could be made for anyone cycling on a public thoroughfare.
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Expert ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() ChrisM - 2007-12-21 10:44 AM whoa whoa whoa.... I haven't read the article, so don't know the details, and maybe this is a frivolous lawsuit, but..... a bit of a hijack Are poeple really saying if you ski you assume all risks of getting hit? I know a guy that was standing downslope, some yahoo came down waaay too fast and out of control, took him, out, broke both his legs. I don't know if he sued, but are people saying that no matter what any other person does to you - i.e., skiing straight down a ski slope out of control -- the guy standing there is responsible for getting hit? I hope I never have any of you on a jury of mine (unless i was a defendant, of course) I've been skiing since I was 5 (35 years), snowboarding since 1992. All responsible skiers/riders know the upslope person is responsible for getting out of the way of the person downslope. I don't care if the person is making huge snowplow traverses, ya can't just hit em and say "well, you were skiing, tough on ya" I think most cases of injury on the slopes is due to the inherent risks, but getting plowed from behind when you are standing still is a different case. The upslope person there must have been out of control and I would not call that a frivolous lawsuit. I hope that guy got his pass pulled. |
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![]() dontracy - 2007-12-21 8:48 AM ChrisM - Are poeple really saying if you ski you assume all risks of getting hit? Yea I'd say so, unless there's criminal intent. Really.... wow..... So no one's ever heard of the concept of negligence? Same answer for driving a car? Just curious....... |
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![]() climbin5414 - 2007-12-21 8:50 AM ChrisM - 2007-12-21 10:44 AM I think most cases of injury on the slopes is due to the inherent risks, but getting plowed from behind when you are standing still is a different case. The upslope person there must have been out of control and I would not call that a frivolous lawsuit. I hope that guy got his pass pulled. whoa whoa whoa.... I haven't read the article, so don't know the details, and maybe this is a frivolous lawsuit, but..... a bit of a hijack Are poeple really saying if you ski you assume all risks of getting hit? I know a guy that was standing downslope, some yahoo came down waaay too fast and out of control, took him, out, broke both his legs. I don't know if he sued, but are people saying that no matter what any other person does to you - i.e., skiing straight down a ski slope out of control -- the guy standing there is responsible for getting hit? I hope I never have any of you on a jury of mine (unless i was a defendant, of course) I've been skiing since I was 5 (35 years), snowboarding since 1992. All responsible skiers/riders know the upslope person is responsible for getting out of the way of the person downslope. I don't care if the person is making huge snowplow traverses, ya can't just hit em and say "well, you were skiing, tough on ya" OK, but that's not what people seem to be saying -- see Don's post above, for example. You ski, you lose, case closed (unless someone's trying to assault you, so I guess there can only be criminal prosecutions....). I have no idea about what causes most skiing injurues (i'd say it's a 40 year old guy trying to go off sick jumps and blowing out their knee......). If getting plowed while standing still is different, how abuot same situation, rank beginner, blue diamond slope, same uphill skiier but beginner is traversing. Or an advanced skiier, same slope, nicely carving turns, same uphill skiier. Seems to be lines drawn here, I don't know where people are putting them... Edited by ChrisM 2007-12-21 10:54 AM |
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Champion![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() dcossey - 2007-12-21 11:45 AM The sad thing is that people can sue for anything. H3ll, someone could sue you for a post on BT if they wanted. That's it, I'm not posting on BT anymore. In fact, disregard this post. In fact, I'm really not who I say I am.
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![]() | ![]() ChrisM - Seems to be lines drawn here, I don't know where people are putting them... I see your point, Chris. I'm not sure where the line is. As far as a car goes, maybe the line is that it's ok if you're on a highway trying to get to work, but not ok if you're in a road rally trying to win a race. What about in a tri? What if a newbie takes you down on the bike leg because they make some bonehead move? |
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Elite ![]() ![]() ![]() ![]() ![]() | ![]() dcossey - 2007-12-21 11:45 AM I agree that he should have to end up paying all the court fees... this is freaking frivilous. Everyone knows you take risks when you participate in any sporting event. You accept those risks when you do participate. (Watch him win!) I disagree that all of these types of lawsuits are frivilous. This type of lawsuit is completely acceptable. Out of control triathlete, out of control skiier, out of control race car... doesn't matter. Yes they assume some risk while participating in any event but you are not liable for the actions of other people that cause your injury due to their negligence. I know that if I was hit by a car doing a tri that I would expect the car driver to cover my expenses... They caused my injuries. I would not, and could not however sue the race director or the company. I accepted the risks involved with racing... my injuries were not caused by racing but by the negligence of the driver. This lawsuit is ridiculous because of the issues leapdog brought up... it is getting attention because of the age disparity... that's it. |
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Extreme Veteran ![]() ![]() ![]() ![]() ![]() | ![]() max - 2007-12-21 8:54 AM dcossey - 2007-12-21 11:45 AM The sad thing is that people can sue for anything. H3ll, someone could sue you for a post on BT if they wanted. That's it, I'm not posting on BT anymore. In fact, disregard this post. In fact, I'm really not who I say I am.
You are not seeing this... I am not here... Ignore the man behind the curtain...
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Champion ![]() ![]() ![]() ![]() ![]() | ![]() Relate it to biking. You are on a bike trail cruising at 20 mph and a kid, teenager, young person makes a sudden move into you causing to you flip over the bike and separate your shoulder and destroys your bike. Do you suck it up or should you take recourse? I understand the intent of the OP and I don't like the idea of suing a child but if I was in the same situation I might do the same thing to cover my expenses. |
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Expert ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() The 4th paragraph down sums up Colorado law for skiing collisions. http://www.skisafety.com/collisioncases.php If you cannot aviod a standing skier, I would venture to say you are out of control. I would consider that negligance. If moving skiers collide its a whole new story, I can't count the number of times I have had someone turn infront of me, cut me off, cause me to fall. In some cases it was recklessness, it some cases it was a new skier and they didn't know different. It the case of the 8yr old their is only one side to the story, it seems like an honest mistake... someone got hurt skiing but to sue for vacation time, care from his wife is a little overboard. |
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Champion ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() Personally I think this is friviously wether the kid is 8 or 28 has no bearing. I do believe when you ski you assume some level of risk unless someone is being negligent. If this kids was skiing within his limits and had an accident so be it. If he decided to go to the hardest hill and never skied before and took out the old guy, then sue him. Heck, if you have a pro skier on the hardest hill and he wrecks and takes some other person who is qualified to be on that hill out that is not negligent IMO, he was qualified and both of them being on the hill you must assume risk is involved. |
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