 Poster: A snowHead
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| Mike Pow wrote: |
| PaulC1984 wrote: |
| Mike Pow wrote: |
£25,000 seems such a small & precise amount considering the lady in question can no longer ski.
Methinks she didn't have insurance and is trying to recoup the medical costs. |
Indeed, thats a thought. not sure how their medical system works since she wasn't out of her own country she wouldn't be under travel insurance. |
The article doesn't state that the lady in question is Austrian. |
True, She must be american thinking about it..... 
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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@PaulC1984,
If she was Austrian there wouldn't have been a problem in the first place 
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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?
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You need to Login to know who's really who.
You need to Login to know who's really who.
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Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
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You'll need to Register first of course.
You'll need to Register first of course.
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What a sad world we live in...that's all I think of here 
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| dobby wrote: |
| All this talk or kids skiing reminds me of my two skiing down some bumps last year, parallel to one another and then both turning inwards onto the same upslope of the same bump at the same time, ending up with a sisterly hug as their skis got tangled. Comedy slow-mo collision. |
That's not limited to kids, me and a mate have done that before... Only pride damaged, it was hilarious to the rest of our party. Apparently the rest of the run we looked so good, we both straightlined a flatter section then when we started turning again were all out of sync...
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You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
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Back on topic, this is something I am beginning to lose the will to live with. It was an accident, they happen, nobody died. The adult probably should have been paying more attention but I wasn't there so I'll never know.
It isn't stated, but chances are if it was a collision between a fully grown adult and a 6 year old, that ultimately it was the fall which caused the injuries rather than the collision itself, and that fall could just as easily have happened after a 'collision' with a bit of the wrong type of snow.
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What adult rationally considers "suing" a 6 year old?
I sincerely hope the Austrian court dismisses this ASAP - as thats what they would do here in Norway.
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snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
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Silly season journalism, I'd say. If people really care them pull up the court records and you'll probably find a very different story.
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FIS rules? Those would carry some weight. However if you were maliciously using them to assault someone, for example by deliberately turning in front of an overtaking skier, you'd likely find that they would not help you in court. Likely anyone daft enough to pull that stunt would be proud of themselves, so it would probably be easy to prove their intent to injure.
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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.
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Many Germans and other European mainland nations travel without any medical insurance, so it could be that this person has been told to recoup the additional medical expenses by her health insurer. The Torygraph is not great with translation, so a quick Google Translate and superficial view may have made the actual thing out to be much more than it actually is.
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| Lilledonmarco wrote: |
| What adult rationally considers "suing" a 6 year old? |
No rational adult would. Would one let a six year old cross a road alone? No. They do not have enough of a well-developed judge of speed or stopping distance or a deduction of the consequences. With regard to skiing, add to this a judgement of angle/turning circle.
There is no way a 6 year old is at fault in any way. Apart from anything, they have the attention span of a gnat.
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You know it makes sense.
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The adult should be taken out to a quite place and shot! Mainly for trying to blame an innocent and INEXPERIENCED child, also for wasting the courts time!
The way the article is written makes out she was a relatively competent skier so should have had the foresight to keep clear of a ski school group and anticipate erratic skiing from them!
This is another example of one person making the rest of us look bad!
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Otherwise you'll just go on seeing the one name:
Otherwise you'll just go on seeing the one name:
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Calm down everyone. This is most likely being driven by lawyers and the kid will be covered by insurance anyway.
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Poster: A snowHead
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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@Gerry, why should kid be covered by insurance and thus costing many other people something?
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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?
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You need to Login to know who's really who.
You need to Login to know who's really who.
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| under a new name wrote: |
| @Gerry, why should kid be covered by insurance and thus costing many other people something? |
Kids should be insured, imo. Suppose a big fat 15 year old kid crashes into you at speed and puts you in a wheelchair but isn't insured.
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Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
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Ski schools must be insured against 3rd party claims. Arguably anyone not themselves insured for 3rd party claims shouldn't be allowed to make any.
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You'll need to Register first of course.
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About 10 minutes after the lifts had shut on the last day of last season we were following a family down a very gentle slope. The family was Dad, leading the way, followed in turn by 6 year old, then 3 year old, then Mum. All were skiing very well and carefully. Dad and 6 year old had stopped at the edge of the piste and 3 year old was skiing with great concentration towards them, followed by Mum. We were stopped at the edge of the piste about 20 metres above them when we were overtaken at speed and very closely by a middle aged woman, who promptly crashed into the 3 year old by trying to ski through the gap between her and Dad.
It was clear that no harm had been done to anyone, but overtaking skier immediately started shouting at the Dad about the child getting in her way. He very calmly explained that her behaviour was unacceptable and that it was her in the wrong as the uphill skier. You could see that she was angling for a bit of a row........but she suddenly realised that he was a piste security guy in uniform ....and it went very quiet before she skied slowly off.......
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| pam w wrote: |
| Ski schools must be insured against 3rd party claims. Arguably anyone not themselves insured for 3rd party claims shouldn't be allowed to make any. |
That would not be a very good argument though.
People with zero cash to recover would be unlikely to have enough to spend skiing, so it's fairly likely you could recover damages (which aren't punitive in UK law at least - that's what the criminal stuff is for) from everyone. I self-insure, but that doesn't stop you litigating against me. It most certainly doesn't affect my rights to litigate.
I think the term "claims" may be a bit misleading. What you can litigate for is "damages", which aren't punitive and when I've done it at least have to be directly related to the costs you incur. That's not, for example, "compensation", although the beak may award something for pain and suffering...
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You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
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The costs of converting a house and providing lifetime care for a skier paralysed by a back injury could be pretty steep for most of us. I am happy to self insure for stuff like breaking my leg or missing my flight home. But not for causing terrible injury to another. In a boating analogy, all marinas and similar establishments require users to carry third party insurance. All sailing instructors do (or do if they have any sense, and RYA membership provides this). It costs very little.
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@Gerry, in my experience the big fat kids are slower and more careful because they know they will be hurt in a fall, mostly it's not big fat kids that cause accidents but inexperienced skiers who think they know it all going too fast for the terrain or conditions
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snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
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I should clarify my comment. Nwhy should anyone assume that because someone else should be insured that that gives them right to sue them?
Insurance, yes, a good idea. Insurance, a mechanism to garner money through a law suit? Not so much.
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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.
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| pam w wrote: |
| Ski schools must be insured against 3rd party claims. Arguably anyone not themselves insured for 3rd party claims shouldn't be allowed to make any. |
I see you stop short of attempting to articulate that argument.
"In a boating analogy, all marinas and similar establishments require users to carry third party insurance."
What's a "similar establishment"? My sailing club doesn't require me to have insurance unless I race. Plenty of small craft are uninsured. Arguably they are foolish since they could be subject to large claims from large vessels. But there's no requirement for them to be insured and I certainly believe they are entitled to claim if, for example, they get run over by the clueless skippers of all-the-gear-and-no-idea power vessels, as unfortunately happens with some frequency.
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