Thursday, September 20, 2012
Boyne Mountain Prevails in Another Personal Injury Lawsuit
First Tracks Online is reporting that a Michigan Appellate court has upheld the dismissal of a paralyzed skier's claim against Boyne Mountain. The skier, Patrick Anderson, was badly injured while skiing of a terrain park jump at the resort. Anderson claimed the jump was poorly constructed. Unfortunately for Anderson, Michigan's Ski Safety Act provided an insurmountable defense for Boyne.
Ski, Esq. reported on a similar claim filed by another skier, Marvin Marshall, which was also dismissed by a Michigan appellate court in May. As we noted then, Michigan's Ski Safety Act (Mich. Comp. Laws Ann. 408.321 et seq.) is one of the most resort-friendly laws in the nation. Michigan courts are, "concerned with making the skier, rather than the ski area operator, bear the burden of damages from injuries." Kent v. Alpine Valley Ski Area, 613 N.W.2d 383 (Mich. Ct. App. 1999). The result in the instant case is consistent with both the Ski Safety Act and with the court's holding in the Marshall case.
As we have noted repeatedly on this blog, the moral of the story is simple. If you're skiing, you assume the risks of being injured or killed. If you are hurt, your likelihood of successfully suing a ski resort for damages is exceedingly low.
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