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Head Injury because of a Snow Tubing accident in a popular resort

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suresh_sundaram

Junior Member
What is the name of your state?
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California.

Folks,

My wife got a head injury in a snow tubing area. She and the tube she was using went over the designated tracks and had a concussion and she is going through treatment for whiplash and backpain.

Is there something I can do since the tubing area seem to be a controlled environment. It does not seem to be engineered properly so that the people in the tubes are not thrown off the tracks. We paid $$ to get to this amusement sport.

Suresh
 


I AM ALWAYS LIABLE

Senior Member
suresh_sundaram said:
What is the name of your state?
undefined

California.

Folks,

My wife got a head injury in a snow tubing area. She and the tube she was using went over the designated tracks and had a concussion and she is going through treatment for whiplash and backpain.

Is there something I can do since the tubing area seem to be a controlled environment. It does not seem to be engineered properly so that the people in the tubes are not thrown off the tracks. We paid $$ to get to this amusement sport.

Suresh

My response:

Do you still have your ticket stub? If so, did you read the reverse side? Did you read their signs? Did you or your wife sign a "Waiver of Liability" form before riding? Did they do something that INCREASED the risk of injury?

IAAL
 

suresh_sundaram

Junior Member
I had read the stub. I did sign a sheet when I got the tickets which is probably the waiver of liability.

I believe the height of the sliding track that is made by carving out the snow was not measured correctly for the speed on which the tube moves. If the height of the sides were taller, it could have clearly avoided the accident ie, my wife would not have gone over the side and fall on the other side.

The waiver on the stub is a standard waiver any ski resort has. Of course we were not either skiing or snow boarding. We were using the tubing area which was build by the resort and was at all times which was run by 2-4 team members from the resort. Their job was to set you up in the tube and there was small tube lift which took us to the top of the course.

Suresh
 

I AM ALWAYS LIABLE

Senior Member
suresh_sundaram said:
I had read the stub. I did sign a sheet when I got the tickets which is probably the waiver of liability.

I believe the height of the sliding track that is made by carving out the snow was not measured correctly for the speed on which the tube moves. If the height of the sides were taller, it could have clearly avoided the accident ie, my wife would not have gone over the side and fall on the other side.

My response:

How many other people were injured that day?



The waiver on the stub is a standard waiver any ski resort has. Of course we were not either skiing or snow boarding.

My response: If you signed a waiver of liability, then you not only have contractually wavered your rights, but you'll have the "recreational" statutes as a major stumbling block, and also various case law; e.g., "Knight vs. Jewett" and its progeny, that are going to defeat you. The only way around these laws is to prove that the course was poorly designed and thus, "increased" the risk of danger that you had accepted, but that those heightened dangers could not have been foreseen by you. That's all very tall task.



We were using the tubing area which was build by the resort and was at all times which was run by 2-4 team members from the resort. Their job was to set you up in the tube and there was small tube lift which took us to the top of the course.

My response: I understand this. I knew you were using the tubing run area from your initial post, which was built by the resort.

Basically, and without having seen the run, nor having an expert take various measurements, I feel its very unlikely you could prevail.

IAAL
 

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