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Instructor caused serious injury - what comebacks do I have?

 Poster: A snowHead
Poster: A snowHead
When in Brekenridge a fair few years ago, the resort bus I was on, stopped to let a lady skier off. As she disembarked, she lost her footing on the icy "sidewalk" and fell. I heard a bone break (collar bone I think), from inside the bus.

As I was sitting in the front seat, I had a good view of what happened. To my amazement, the first action of the driver was not to help the lady, but ask me to be a witness, in order to show he was not at fault. I told him I would give him my details provided we helped the lady first....which we did.

The joys of a litigious society.
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 Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
biddpyat wrote:
This has to be a wind up, is there anyone out there that feels every time they fall they deserve to make someone pay?


You say that, but the trouble is people do actually think like that.

Some people are convinced that everything is somebody else's fault.

I sued somebody for an accident last year. My stance is that if you have a company, making money, and they cheap out on something (which is the cause of most negligence-originating accidents) which causes you to hurt yourself, then suing them is a completely acceptable thing because hopefully they will either (a) catch on that it's a false economy to cheap out on it and sort it out, or (b) find that their insurer demands they sort it out and won't get paid until they do. I fell over and hurt myself because somebody cheaped out on an access ramp and made it out of uncovered scaffold boards, which once they got wet, had no grip at all. I sued them for a sizeable sum of money which was probably about 100x what it would have cost to coat it in a grippy material which would have prevented the accident. I hope they saw in light of that fact that really it would have been cheaper just to make it properly in the first place and not have the accident.
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 Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
I once fell on the snow, how do I go about suing God. Mad
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"cheap out"

Not seen that expression before. No doubt the company concerned wished they'd "expensived out" instead.
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 Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
Quote:

the instructor from an established ski school in Austria forced me to put the skis on and stand up

Surely it's normal to stand up first and THEN put the skis on. Ever tried it sitting down? So I'm skeptical as to how the injury occurred.
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Hurtle wrote:
@chocksaway, @holidayloverxx, Laughing Laughing Laughing (I'm in, by the way.)
me too, I'm still suffering from an EoSB party.
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Then you can post your own questions or snow reports...
At the end of the day whilst it unfortunate to be injured I think it is unreasonable to expect an instructor to know when someone might be on the verge of a more serious injury following a fall. I doubt that there is sufficient medical technology on a mountain or even in many medical centres to predict a future injury moments after a fall, or even to predict that a further injury couldn't occur - all an instructor can suggest for your own confidence is that you try again assuming you feel OK - same argument as getting back on a horse if you fall off - though I understand that because of litigation instructors are now reticent to suggest immediate re-mounting after a horse riding fall for fear of unseen injuries - it's another instance of common sense gone made. These 'no win no fee lawyers' and 'where there's an injury there's a claim groups' are ruining perfectly normal life.

Not only that, but even though you are paying for it an instructee is under no obligation to do what an instructor suggests. I have told several instructors firmly that I am not doing any daft skiing backwards nonsense - just because something is suggested, if common sense says 'that doesn't sound a good idea' then why do it. So you fall and an instructor suggests you get up and ski on, why is that any different to falling and having your significant other suggest you get up ski on. To both you can say - 'hang on a minute, left me just check that everything still feels OK.' I've had lessons and been completely taken out by other mountain users during instruction, it's hardly the instructors fault any more than if I slip on a bit of ice during a lesson or otherwise and try and sue the piste bashers for not covering the mountain in soft snow.

Skiing is dangerous, most of us fall from time to time, whether we decide to ski on ourselves or follow someone's suggestion that we do its a decision we personally make and in that respect any future injury possibly linked to the fall is our own decision to make. If someone suggests you walk over hot coals or broken glass do you do it - of course not and if you decide you want to then its your own call.

FWIW 'no win no fee claims' can fail - I took a group to court when they wanted me to take a 50% share of the blame for a motoring incident that was clearly 100% the fault of the other party - I insisted that I was blameless - it went to court and the no win, no fee group were left with egg on their face as I was awarded 100% the claim in total and the other party with a large bill for the hire car they had organised!!
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 After all it is free Go on u know u want to!
After all it is free Go on u know u want to!
Has anyone else noted the irony that the OP - asking what 'comebacks' he/she has - probably isn't going to come back.
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Tubaski wrote:
Has anyone else noted the irony that the OP - asking what 'comebacks' he/she has - probably isn't going to come back.


Maybe something we said hurt their feelings..? Maybe they could claim for that?
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I'd really love it if he came back and said, "I read all your posts and realise I was being a complete arse. I also read the thread about ACL and rehab and am now in the process of finding a good Knee surgeon and am busy, in consultation with a physio, doing the correct exercises to get myself ready for surgery. When I've had it, I'll report back along with suitable injury porn pictures. I can't thank you all enough for making me man up, realise that the only person responsible for me is me, and stop to blaming everyone else for what has gone wrong in my life."

Yes? Little Angel
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@maggi, yep.
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And love to help out and answer questions and of course, read each other's snow reports.
@maggi, +1
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So if you're just off somewhere snowy come back and post a snow report of your own and we'll all love you very much
dp wrote:

I sued somebody for an accident last year. I fell over and hurt myself ....


This is the reason I don't have employees. When they do something stupid it is apparently my fault. rolling eyes
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 You know it makes sense.
You know it makes sense.
if this is real: accidents happen and there is not always someone to blame.
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 Otherwise you'll just go on seeing the one name:
Otherwise you'll just go on seeing the one name:
adithorp wrote:
Tubaski wrote:
Has anyone else noted the irony that the OP - asking what 'comebacks' he/she has - probably isn't going to come back.


Maybe something we said hurt their feelings..? Maybe they could claim for that?


It was probably you, you're horrible Toofy Grin
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 Poster: A snowHead
Poster: A snowHead
dp wrote:
adithorp wrote:
Tubaski wrote:
Has anyone else noted the irony that the OP - asking what 'comebacks' he/she has - probably isn't going to come back.


Maybe something we said hurt their feelings..? Maybe they could claim for that?


It was probably you, you're horrible Toofy Grin


Guilty as charged. Toofy Grin
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 Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
I'm a crap skier and fell over it must be someone else's fault. It's an accident caused by your own incompetence get over it!
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 Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
Sucks about the injury, never nice to hear, BUT I'm pretty sure in the forms you signed, there would have been a personal injury disclaimer
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If this is for real it would be more likely the person who set the bindings who might be to blame - but I would imagine that it is far too late to find evidence of negligence there.
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 Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
Scrumpy wrote:
If this is for real it would be more likely the person who set the bindings who might be to blame - but I would imagine that it is far too late to find evidence of negligence there.

Doubtful, as bindings are designed to help prevent broken legs, not ligament damage.
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The OP said that they had to put the skis back on so looked like the bindings worked.
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Maybe the OP also has RSI from the keyboard and is too busy suing Qwerty to come back and reply?
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 After all it is free Go on u know u want to!
After all it is free Go on u know u want to!
Quote:

Maybe the OP also has RSI from the keyboard and is too busy suing Qwerty to come back and reply?


Or maybe they are depressed enough about potentially life changing injuries that they can't be bothered to come back to ripped apart here?

I don't like the instinct to resort to litigation and I doubt they have a case (ethically or legally).
I do think I'd be bloody miserable in their situation and the tone of some posts here has been a bit harsh.
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I'm with @blusky, see these f****n instructors. If these b******s hadn't taught me to ski I would've saved a fortune. A fortune I tell ye!

rolling eyes Laughing snowHead
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@jedster, +1
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jedster wrote:
King Key wrote:

Maybe the OP also has RSI from the keyboard and is too busy suing Qwerty to come back and reply?


Or maybe they are depressed enough about potentially life changing injuries that they can't be bothered to come back to ripped apart here?

I don't like the instinct to resort to litigation and I doubt they have a case (ethically or legally).
I do think I'd be bloody miserable in their situation and the tone of some posts here has been a bit harsh.

Original Poster wrote:
...forced me to put the skis on and stand up


Hmm...far from me to be a sceptic, but do you really believe this?? Have you tried putting on skis when sitting down? Would an instructor tell you to do this?.....I must have missed those lessons.
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 And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
I suggest watching the sexual harassment panda episode of south park.
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 So if you're just off somewhere snowy come back and post a snow report of your own and we'll all love you very much
So if you're just off somewhere snowy come back and post a snow report of your own and we'll all love you very much
It's easier just to read th plot here.


https://en.m.wikipedia.org/wiki/Sexual_Harassment_Panda


Says it all really
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 You know it makes sense.
You know it makes sense.
Trol
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