Ski accident compensation

A snowHead

A dreadful thing to have happened to this young girl, and no sum of money can compensate for a brain injury ruining a child's future. Still the comment, if true, at the bottom of this article is rather worrying. If accurate, it's no wonder resorts are imposing stricter and stricter controls.

A snowHead

A much fuller version of the incident. Once again the end of the article contains perhaps the key point - it was night time!!!! The snow mobiler she successfully avoided was apparently acting as a warning that the piste basher was coming up slope. Unfortunately, she hit the pisten bully. All very sad

Well, the person's real but it's just a made up name, see?

And the award has been confirmed after appeal according to the Daily Progress

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In Britain, civil litigation is only heard by judges, not juries. Juries tend to take a more sympathetic view of a claimant's case. That's assuming that this case was dealt with under civil, rather than criminal, law.

The resort obviously didn't prove that the girl was skiing "out of control" as their lawyer asserted. I suspect that general codes of practice in resort management now require that large vehicles like grooming machines only be used once runs have been closed by the ski patrol.

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Welcome to the wonderful world of Litigation, I guess this sad tale just goes to show what most people would regard as common sense, don't try skiing at night unless in an organised group Sad

Most resorts will close their runs and lifts after a certain time and do the majority of piste grooming after that time, I assume that Wintergreen does not do this which I guess partially explains the accident, in Switzerland all the piste machines I have ever seen opperating at night all have flashing warning lights just in case and some have an audible warning as well which is great when you find one coming up a narrow winding piste during the day

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So now the resort will sue their lawyers for failing to file the appeal in good time I guess Shocked

After all it is free

DG Orf, Sounds about right. wink

Although, even bearing in mind she is brain damaged for the remainder of the 60-odd years of her life, am I alone in thinking the US jury's decision in this instance smacks of "punish the resort" rather than restitution for the victim. What funding is the resort now left with to improve it's safety policy? I agree with PG's the sentiment that "no sum of money can compensate for a brain injury ruining a child's future". But come on, $8.3m IS excessive, even in this instance. That's .... $207,500 (nearly £117,000) per year for the next 40 yrs (i.e. assuming that without the brain damage she would have worked all her life and retired at 60).

OK, so brain damage ain't a laughing matter - but what's the point of punishing the resort to the point where it's no longer in financial position to be able to afford to do better?

Manda, care for someone in that condition is probably pretty expensive and I am sure the amount takes into account the fact that while $207,000 is a lot today, it probably won't be in 40 years' time.

I expect that the resort's insurance company will pay so the loss gets spread very widely

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Arno, that's correct. The age of the victim - and thus lost potential (not just earnings, but the ability to live a normal life, have relationships, children...) - as well as the extent of the injury is taken into account, along with costs of care.

Because it's in the US it seems high to many Europeans, but over here the sums awarded are occasionally derisory, an insult to the victim and those that will have to do much of the caring on a voluntary basis as a result. I've seen it happen.

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To give people an idea of long term care costs I've recently been told that care for my mother has been recently quoted as being in excess of £800 per week and she can still carry out basic functions more or less normally so I'd hate to think how much it would be for someone who was even worse especially in the US where care costs are notoriously expensive

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I think its sad that someone so young has effectively had their life taken away from them, but she was skiing at night, surely you have to take some kind fo responsibility for your own actions, especially if they involve the hazardous activity of night skiing!

D G Orf, All the piste basher here operate as you say they do in Switzerland, and the beeping is really annoying! They start at 18.00 after the ski patrol have cleared the mountain. If you're late on the mountain the ski patrol will chase you off (Cedric and Biggles can confirm this!) PS: my mum is £500 per week and she does need nursing.

Nadenoodlee, I agree.

You know it makes sense.

easiski, yeah unfortunately with regard to care homes

1. I live on the South Coast where everything costs more Sad

2. Someone appears to have let the care home know that the NHS will be paying rather than Social Services so they hiked up the price Mad

Nadenoodlee, I agree as well, if you are going to ski in the dark then surely you should be at least partially responsible for anything that happens to you

Otherwise you'll just go on seeing the one name:

Don't know about that Puzzled

. Couldn't you just as easily say if you're going to ski at all you should be partially responsible? The deciding element surely is whether you're skiing according to the rules (allowed on the slopes, etc) within the recognised domain. If you're allowed to be there, then the resort has got to bear a lot of responsibility for operating equipment on the slopes when skiers/boarders might be on their way down.

If she'd skied into a tree or something that would be a bit different.

Help!!

Ski accident compensation

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