Did Negligence Cause This Skier's Injuries? ~ OPOLAW Injury Blog

Wednesday, January 28, 2009

Did Negligence Cause This Skier's Injuries?

 After William Rothstein slammed against a retaining wall off the Fluffy Bunny cat-track at Snowbird Ski & Summer Resort in Little Cottonwood Canyon, he would answer the question as yes. Rothstein was skiing on Feb. 3, 2003, when he ran into a man-made retaining wall constructed with mine timber cribbings. The 50-year-old expert skier suffered 12 broken ribs, a decimated right kidney, bruised heart, damaged liver and collapsed lung. He filed a negligence suit against Snowbird, claiming the wall was covered with snow and unmarked. Rothstein's lawsuit challenging the validity of waivers that relieve Snowbird from liability for his injuries has made its way to the Utah Supreme Court. The waiver Rothstein did sign is being looked into, but Snowbird counters that Utah requires only that the release state clearly and unequivocally that it covers negligence claims. Simon, the resort's attorney, said the "great majority" of jurisdictions enforce pre-injury liability releases in recreational activities. We will have to see how this case goes, since it could greatly impact recreational activities in the state of Utah.

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