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!
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.
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.
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.
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 didnt know, he should have known. Signs and adequate barricades
should have been enacted to help prevent the accident which occurred.
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.
"I'm a victim" said the injured. I want money for my stupidity. Can we say "Hello $100 or greater lift tickets"?
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!
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.
I think its 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.
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.
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 didnt know, he should have known. Signs and adequate barricades should have been enacted to help prevent the accident which occurred.
We'll see just how low the insurance rates stay now. What a stupid decision by the Court!
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.
The Justices should be ashamed of themselves. A petition to remove the 3 that voted to invalidate the releases should be started. Unbelieveable.
DeseretNews.com encourages a civil dialogue among its readers. We welcome your thoughtful comments.
— About comments