Ski Buddy Lawsuit

by | Apr 21, 2014 | Sporting Accidents

Ski Buddy Lawsuit

In March of 2009, the world watched as actress Natasha Richardson fought for her life after experiencing a ski injury on the slopes of Quebec’s Mont Tremblant. The 45-year old was not wearing a ski helmet as she took a beginners lesson at the luxury ski resort, and during a routine fall she hit her head on the ground.

Although she at first appeared fine, it was later discovered that she had suffered a traumatic brain injury, and she died a short time later. As the death was ruled accidental, no charges were laid, but in the aftermath nearly $200,000 was spent by the Quebec Ski Areas Association on a safety campaign encouraging the use of helmets.

The tragedy brought attention to the frequency and seriousness of ski injuries, but also raised questions of liability. Should the Mont Tremblant resort require the use of helmets for all guests enjoying the slopes? Certainly, in an increasingly litigious world, enforcing as many safety regulations seems like an attractive solution, but restricts the personal freedom and agency of guests. Many are concerned that such enforcement would create a slippery slope, where informed and consenting adults are treated like children when it comes to their own personal safety. In the case of Richardson, the wife, mother, and accomplished thespian even signed a medical release form after her fall, claiming she did not need medical attention despite being told that symptoms can present hours, or even days, after the original injury occurs.

In a similar case, a British skier, Adrian Coe, was found to not be personally liable for the death of his “ski-buddy” during a heli-skiing trip in British Columbia. The man was skiing with an American tourist, Mark Kennedy, when the victim fell into a tree well, a deep hole that occurs next to tree trunks when snowfall is blocked by the trees branches. These wells, invisible to the untrained eye, can cause skiers to become trapped, and risk death from exposure or suffocation. In the case of Kennedy, Coe was paired with him as “ski buddies,” charged with keeping an eye on each other while skiing down the slope. Coe realized that Kennedy was missing once the group got to the bottom of the slope, and immediately notified the guides to organize a search party.

Kennedy’s widow claimed that the informal agreement between ski-buddies constituted a contractual relationship that established duty of care between them. The legal profession watched the case vigilantly, with one lawyer noting that it was “far from clear in the law what the legal duty of care” was in such situations. Eventually, the courts decided that as the deceased was “participating in a high-risk sport…responsibility for his death cannot be placed on Mr. Coe.” One lawyer, not associated with the case, noted that as personal responsibility is paramount, Mr. Coe would have been advised that his duty of care towards his ski buddy would not be enforced, as ensuring Mr. Kennedy was still with the group would have distracted him from looking after his own safety. However, similar cases have found that severe negligence can constitute liability, such as in bumping into others on a slope or causing other skiers to careen off the designated path.

However, in the case of both Ms. Richardson and Mr. Kennedy, it seems that both the courts and the court of public opinion place the onus on personal responsibility. However, whether or not cases like this result in a change of corporate policy for ski resorts and adventure guides to protect themselves from further litigation.

Call Us For A Free Consultation

 

Personal Injuries at Provincial Campgrounds

Personal Injuries in Provincial Parks – do you know what to do if you get hurt at a provincially run campground this summer? And what about deadlines? Learn who’s accountable and how quickly you need to consult with a lawyer.

Suing for Whiplash – A Pain in the Neck

Whiplash is perhaps the most common injury associated with auto collisions. But many insurance companies are suspicious of whiplash claims and will do anything to deny payment. Read the full article to learn more.

Personal Injury Claims & Social Media

Don’t Self-Sabotage on Social Media – the defence is looking to discredit you, and you might be giving them everything they need. Use social media responsibly during your trial so that your posts can’t be used against you – read the full article to learn more.

Slips, Trips & Falls – Business vs Private Residence

Where you had your accident can matter as much as why you got hurt. The Occupier’s Liability Act holds businesses and homes to different standards. Find out how this could affect your case, read the full article to learn more.

Bicycle Accidents and Personal Injuries

Cyclists assume way more risk than drivers. And if the two ever collide, the cyclist’s injuries could be serious and permanent. If you’ve been hurt in an accident involving a car or truck read the full article to learn more.

Loss of Limb – Potential Impacts to Lawsuit

The nature and severity of amputation make it unique among personal injury claims. Make sure you’re taking everything into consideration before submitting your claim – read the full article to learn more.

Dangerous Street Racing & Stunt Driving – Personal Injury Lawsuits

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury and the Canada Revenue Agency

If you win a personal injury lawsuit in Ontario, how much will you lose in taxes? How do you hold onto it and keep it out of the hands of the taxman? Click here to learn about tax-free structured annuities.

Autonomous Driving Accidents & Personal Injury

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury Claims & Accidents Involving Uber or Lyft Drivers

When ridesharing becomes accident-sharing – who’s responsible for injuries when Lyft and Uber drivers are involved in a crash? For simple answers to this complex and complicated question, click here for our comprehensive guide to ridesharing injuries.