Question: Liability While Snowboarding

[activeStick]

My friend went snowboarding for the first time few weeks ago and he collided with someone. It was low speed but the impact was enough that the other person has an arm cast now.

They exchanged phone numbers and she messaged him last week saying that her insurance is covering the cast, etc. for now but would get in touch if there are other things that come up later.

Could he be liable for other things for an accident on a ski hill?

[taco.vidal]

Originally Posted by activeStick

My friend went snowboarding for the first time few weeks ago and he collided with someone. It was low speed but the impact was enough that the other person has an arm cast now.

They exchanged phone numbers and she messaged him last week saying that her insurance is covering the cast, etc. for now but would get in touch if there are other things that come up later.

Could he be liable for other things for an accident on a ski hill?

Actions have consequences. She can sue you and the hill. The waiver when buying a lift ticket may or may not save the hill. A court may assign blame to you for causing the collision and find you liable or it may not. It could be mutual blame as well depending on the circumstances.

The victim should get a personal injury lawyer.

What province did this happen in? Alberta, BC or was it even in the USA which would be an entire different story.

Use google to find some legal sites on the topic of lawsuits and ski hill accidents in Canada. Here is one to start with: https://spraggslaw.ca/blog/injuries-...cidents-in-bc/

[81MC]

I'm pretty sure unless your friend was willfully negligent, like riding somewhere it was prohibited, there's not a whole lot of chance of being sued successfully.

[Locke]

Snowboards can double as shovels so if you're on the hill theres lots of places to dig and finish the job.

[afc wimbledon]

Originally Posted by 81MC

I'm pretty sure unless your friend was willfully negligent, like riding somewhere it was prohibited, there's not a whole lot of chance of being sued successfully.

In the immortal words of Clint Eastwood 'Deserve ain't got nothing to do with it'
you pay to avoid the expense of winning and not having to pay the settlement

[Shazam]

Is she hot?

[opendoor]

Not sure whether he'd be held liable for that kind of thing, it'd depend on the circumstances and where it happened. There is a bit of an assumption of risk when you ski on a public hill with people of varying skill levels.

Also, most home owner or renter's insurance policies have personal liability coverage for this type of thing which could help protect him too if it actually ever came to a lawsuit.

[Northendzone]

Would the injured person not have to prove that there was some intent?

As mentioning n d above, mountain sports have some inherent danger

[GreenLantern2814]

Originally Posted by afc wimbledon

In the immortal words of Clint Eastwood 'Deserve ain't got nothing to do with it'
you pay to avoid the expense of winning and not having to pay the settlement

What would they even sue for? The person's arm is in a cast. In six weeks, they'll be fine.

Furthermore, "her insurance is covering the cast" - did this happen in America? Why is insurance involved with something like this? Genuinely asking, I have no idea how our system really works.

[Amethyst]

Originally Posted by GreenLantern2814

What would they even sue for? The person's arm is in a cast. In six weeks, they'll be fine.

Furthermore, "her insurance is covering the cast" - did this happen in America? Why is insurance involved with something like this? Genuinely asking, I have no idea how our system really works.

When I broke my arm (many years ago and in Saskatchewan) I got a big plaster cast for free and had to pay extra for a more manageable fibreglass one.

[afc wimbledon]

Originally Posted by GreenLantern2814

What would they even sue for? The person's arm is in a cast. In six weeks, they'll be fine.

Furthermore, "her insurance is covering the cast" - did this happen in America? Why is insurance involved with something like this? Genuinely asking, I have no idea how our system really works.

Funny you should ask, I just got dropped from a 3 million dollar claim by the mum of a foster kid I was looking after who snuck out after hours and got hit by a car, she was looking for 12 million split 4 ways, me. the BC gov', the driver and BMW as the car was a beemer.

You can sue for anything as far as I can tell, you wont win but it doesn't stop you from suing.

[para transit fellow]

I will reiterate a comment previously mentioned.

Your home owners or tenants insurance can cover these types of accidents.

[TheSutterDynasty]

Originally Posted by GreenLantern2814

What would they even sue for? The person's arm is in a cast. In six weeks, they'll be fine.

Furthermore, "her insurance is covering the cast" - did this happen in America? Why is insurance involved with something like this? Genuinely asking, I have no idea how our system really works.

She will require therapy after the cast comes off. Usually 6-8 weeks, but sometimes more. Therapy costs money.

If she can't go to work with her cast on, that's more money out of her pocket.

That being said I can see a lawsuit being very difficult. Or did the friend admit fault via texting/emailing?

[Slava]

Originally Posted by para transit fellow

I will reiterate a comment previously mentioned.

Your home owners or tenants insurance can cover these types of accidents.

There can be a nominal payment made (a good neighbour provision) for events that happen where you're not really negligent/liable, but as a good neighbour you guees you should cover the costs sort of thing. This is about $1000 IIRC.

As far as getting sued and having to cover the costs, it depends on negligence. Did he do anything negligent? It's impossible to know without the details of the incident of course. And yeah, there is some assumed liability on her part most likely, being that she's on a ski hill and there is some inherent risk. Its like contributory negligence if you were injured in a car accident and not wearing your seatbelt. The accident might be the other persons fault, but not wearing seatbelt might have reduced the injuries or eliminated them. Therefore, the damages are reduced accordingly.

Anyway...just FYI, I'm not a lawyer or anything approaching one! You're asking for advice on the internet and I just find these conversations interesting, so those are my two cents.

[Canehdianman]

I had no idea we had so many lawyers on CP.

[topfiverecords]

Originally Posted by Canehdianman

I had no idea we had so many lawyers on CP.

We’re not only lawyers, we’re doctors and NHL GMs too!

[GreenLantern2814]

Originally Posted by topfiverecords

We’re not only lawyers, we’re doctors and NHL GMs too!

With a median income of $150k

[MoneyGuy]

You're not very good lawyers, doctors and NHL GMs if you can't make more than that.

[bizaro86]

Originally Posted by MoneyGuy

You're not very good lawyers, doctors and NHL GMs if you can't make more than that.

Turns out real doctors, lawyers, and NHL GMs mostly aren't giving out free professional advice on the internet. Maybe a one off or something, but as a rule not so much. So you get what you pay for...

[Slava]

Originally Posted by MoneyGuy

You're not very good lawyers, doctors and NHL GMs if you can't make more than that.

Originally Posted by bizaro86

Turns out real doctors, lawyers, and NHL GMs mostly aren't giving out free professional advice on the internet. Maybe a one off or something, but as a rule not so much. So you get what you pay for...

Look, you guys might be right, but I would almost guarantee the CP collective could get better results than what we’ve seen 300km north for the past decade or two!