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Lawsuit against Snowbird revived by Supreme Court
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This guy cuts past a rope and hits cribbing that had been in place 25 years, a wall that nobody else had ever hit and he decides to place blame on Snowbird.
Other States, such as California and Wyoming uphold the releases. Utah should too.
The ruling restores public confidence in our legal system and provides remedies for injuries sustained from acts of willful and unintentional negligence.
There should be no immunity granted from direct liability, based solely upon a blind waiver obtained as a condition precedent to purchasing season lift tickets; unless of course consumers are permitted to reasonably satisfy themselves as to the presence of all applicable injurious conditions on the premises before waiving rights.
Blind waivers can lack informed consent, which consent would be necessary for a valid release, or proprietor indemnification. Had the consumer known, or been made reasonbly aware of such unnatural hazardous conditions prior, then the waiver would not be one of adhesion; where only one side of the parties is protected.
All this ruling means is that the case can go forward in trial, where liability and perhaps damages can be set.
The man in this case agreed to ski and be responsible for his skiing under disclosed natural conditions. A snow concealed concrete structure should be clearly marked or flagged when it is covered by snow. Even if the owner didn�t know, he should have known. Signs and adequate barricades should have been enacted to help prevent the accident which occurred.
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