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Lawsuit against Snowbird revived by Supreme Court

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Used to ski | 6:15 p.m. Dec. 19, 2007
"I'm a victim" said the injured. I want money for my stupidity. Can we say "Hello $100 or greater lift tickets"?
Please government protect me | 9:09 p.m. Dec. 19, 2007
Personal responsibility is going the way of the dodo bird. And for those of us who'd like to be responsible for our own actions, there are too many out there who want to force the nanny state down our throats. People! Wake UP! Let me run my own life, and don't expect every decision you make to be risk free and government insured!
Ernest T. Bass | 9:40 p.m. Dec. 19, 2007
This is a horrible ruling. I find it hard to believe the Utah Supreme Court would do this considering the ski industry brings in so much money to the State.
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.
Comments continue below
Sleuth | 11:30 p.m. Dec. 19, 2007
I think it�s a good ruling.

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.
Sue Happy. | 11:38 p.m. Dec. 19, 2007
This is another example of the sue happy world we live in. Its sad really that people refuse to accept the concesquences of their own actions and instead choose to blame anyone and everyone else. You choose to ski out of control and you get hurt, that is your fault and your problem. Not the ski resorts.
Sleuth | 1:20 a.m. Dec. 20, 2007
When citizens use our legitimate legal institutions to remedy and resolve otherwise irresolvable conflict, this civilized conduct should be lauded, not condemned. It is not being suit happy to bring an irresolvable matter before a magistrate for adjudication. Such is a sign of civilization, modernization, an social mobilization that such institutions exist in our society. The conflict could be handled outside the courts, like in the old days; but that might get a little messy.

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.
Sensible | 10:45 p.m. Dec. 20, 2007
We'll see just how low the insurance rates stay now. What a stupid decision by the Court!
Sane123 | 10:53 p.m. Dec. 20, 2007
Vote the Justices off the Utah Supreme Court during the next "retention" election!!!! The decision is personal agenda without any basis in law. The decision strains logic more than anything I have ever read. Pure garbage. Shockingly pathetic decision by the Justices that voted to invalidate the signed release.
GreatSLSmells | 3:29 p.m. Dec. 21, 2007
The Justices should be ashamed of themselves. A petition to remove the 3 that voted to invalidate the releases should be started. Unbelieveable.

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