Monday, December 17, 2007
I (and I imagine others) use ski slope injuries a lot in discussing assumption of risk, especially thanks to the frequent statutory overlay. A recent lawsuit in Canada presents some interesting facts:
According to the statement of claim, Ward was snowboarding at Snow Valley on Jan. 2, 2006, when he struck his head on a hydrant used to make artificial snow.
The collision resulted in the then-19-year-old suffering a severe traumatic brain injury and breaking his neck in three places, leaving him permanently disabled, both cognitively and physically, says the statement of claim.
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According to the statement of claim, the Snow Valley Ski Club is negligent for failing to put the hydrant in a place where it would not be a danger, failing to adequately provide a warning about the hydrant and failing to put proper padding around the hydrant to prevent injuries.