Skier sues 8 year old over collision last year

[golfmom]

I don't know what to think in this case. I just don't have enough understanding of skiing etiquette and protocols. But, I'm actively involved in junior golf development and have witnessed horrific behavior by adults who don't want to share the greens with children (or women for that matter). And, although you wouldn't think it, but golf can be very dangerous as well and safety is a high priority when instructing juniors.

 

[nanandjim]

...just what is the parent supposed to do?...

Keep the child within your sights and not allow him or her to go hotdogging ahead of you just because you are not going fast enough. I have skiied at several places and seen all sorts of behavior. It is mainly the children and teens who are obnoxious on the slopes. It isn't all of the teens and all of the children. It is usually just a few. That's all it takes. Then, when you couple this with the entitlement of some parents, it makes it miserable for everyone.

Have you ever heard of saying, "One rotten apple spoils the barrels." Unfortunately, I have seen it over and over.

 

[JBean]

Ah Ha! I think I found something! This is the beginner area. Wouldn't the expectation be to find children and inexperienced skiers in this area?

Beginner:
Take Strawberry Park Express Lift to Primrose. Work your way down Sawbuck to the Bachelor Gulch Express lift. Head up and plan on taking a couple of laps. Bachelor Gulch is some of the smoothest, least populated terrain the Beav has to offer. Same goes for Arrowhead. If you’re feeling brave, hit blue runs Gunders (Bach Gulch) or Golden Bear (Arrowhead), before making your way back to the Upper Beaver Creek Mountain Express lift. Take the Mountain Expressway to Red Tail camp for lunch. Head down Dally to Centennial Express, hop on Cinch Express, and take a few relaxing cruisers off the Drink of Water Lift.

OK ay I get what happened now.
Catwalks have turns in them and the skiers are typically going slower to round the tunrs. Sort of like a wide windy path as opposed to an open run. As the boy went to pass on the right, which is totallyfine, the dowhill skier pulled right and the boy ran into him.
Yes, the uphill skier should watch for the downhill skier, but soetimes carp happens.
For example in driving if you rear end someone. it is always your fault. BUt the fact is sometyimes people stop to short in front of you and that can be the real cause.
Doesn't sound like the boy was out of control at all.
Still sounds like one of those thigns to me.

 

[JBean]

Keep the child within your sights and not allow him or her to go hotdogging ahead of you just because you are not going fast enough. I have skiied at several places and seen all sorts of behavior. It is mainly the children and teens who are obnoxious on the slopes. It isn't all of the teens and all of the children. It is usually just a few. That's all it takes. Then, when you couple this with the entitlement of some parents, it makes it miserable for everyone.

Have you ever heard of saying, "One rotten apple spoils the barrels." Unfortunately, I have seen it over and over.

He ws hotdogging on the catwalk? That happens when people go down the catwalk a very high rates of speed. Is that what is being reported?

 

[Paladin]

Stop guys, with the hot dog references. I'm hungry.

 

[JBean]

For those of you who have not skiied before, all skiers who take to the slopes have a responsibility to be in control when they are skiing. I have seen signs in recent years stating that all skiiers must be in control or risk being prosecuted.

If an out-of-control skiier is barrelling down a slope behind you and slams into you, you can be severely injured. I don't care how little the offender weighs. I was bruised from head to foot from an out of control skiier many years ago.

I didn't read the article; however, why was an 8-year-old even in a position where he could run into an adult skiier? Where were his parents?

As for it happening on a "beginner" slope, even if you start at a black diamond run, oftentimes, you must ski down below through a "beginner" green area to get back to the chair lift.

Of course, there is a responsibility of each skiier to do his/her best to ski defensively, being on the lookout of those who are out of control. However, if each skiier shirked his/her personal responsibility, this would be extremely dangerous.

Because skiing has become popular in recent years, there are unfortunately way too many accidents due irresponsible skiing and irresponsible parents who allow their children on slopes unattended.

ETA: This article is heavily spun in the child's favor. I can see this kid "hotdogging" it. I think that the older fellow who was suing was more of a beginner and the kid decided to whiz by him on the right. This can happen very quickly. The kid came to close to him. The man didn't see him and they collided. It is the kid's responsibility to be watching out for the man because he is behind him.

Sorry, folks, I side on the side of the old man. This kid needs to be taught the rules of the road. Of course, with parents like his, I won't be surprised to see him in other accidents because when this lawsuit is dismissed he will think that he can do anything that he wants to do. A few inconsiderate skiiers ruin it for everyone.

I am not sure what you mean by where were his parents and how did they allow this to happen? He wasn't unattended.
Have you not come close to a collision when the person in front of you zigs when you are anticipating a zag? I have come close to smashing people because they pull turns in the middle of a run without regard to who is behind them. I know the uphill skier has to be the one with the eyes, but common sense tells me the guy uphill from me does not know what I am going to do so i keep my eyes uphill also. But that is easier on a snowboard because we face uphill during the runs sometimes.

 

[nanandjim]

I am not sure what you mean by where were his parents and how did they allow this to happen? He wasn't unattended.
Have you not come close to a collision when the person in front of you zigs when you are anticipating a zag? I have come close to smashing people because they pull turns in the middle of a run without regard to who is behind them. I know the uphill skier has to be the one with the eyes, but common sense tells me the guy uphill from me does not know what I am going to do so i keep my eyes uphill also. But that is easier on a snowboard because we face uphill during the runs sometimes.

Unless I read wrong, the article that I read said the child skiied ahead of the father. My head is personally on a pivet when I am skiing in a crowded place. I am looking in front and behind. I don't think that a child has the maturity or experience to anticipate what inexperienced adult skiiers will do. I don't know if the child was out of control. I think that it was an unfortunate accident. However, I do believe that an adult would have been able to avoid this guy. I personally think that this guy was inexperienced. However, I feel the child (being uphill from him) had the greater responsibility to watch for the skiiers downhill. IMO, there should be children slopes and adult slopes. I try to avoid the resorts that are popular with families. The slopes tend to be way too crowded with children and are accidents waiting to happen.

Of course, I am now going to sell my brand new ski equipment because my husband doesn't want to go skiing any more due to ACL tears in both of his knees...

 

[golfmom]

OK ay I get what happened now.
Catwalks have turns in them and the skiers are typically going slower to round the tunrs. Sort of like a wide windy path as opposed to an open run. As the boy went to pass on the right, which is totallyfine, the dowhill skier pulled right and the boy ran into him.
Yes, the uphill skier should watch for the downhill skier, but soetimes carp happens.
For example in driving if you rear end someone. it is always your fault. BUt the fact is sometyimes people stop to short in front of you and that can be the real cause.
Doesn't sound like the boy was out of control at all.
Still sounds like one of those thigns to me.

Jbean, thank you so much for that explanation. Now, I have a better understanding of what happened.

Quite frankly, the guy sounds like the crabby golf guys I run into regularly that want to use the kids as target practice. I think he's totally blowing his injury out of proportion and rather than take personal responsibility for engaging in a risky sport, he wants a payday.

That doesn't mean I don't believe that parents need to keep a close eye on their children when their learning. Children have very little sense of their own mortality and can easily hurt themselves and others.

 

[JBean]

Unless I read wrong, the article that I read said the child skiied ahead of the father. My head is personally on a pivet when I am skiing in a crowded place. I am looking in front and behind. I don't think that a child has the maturity or experience to anticipate what inexperienced adult skiiers will do. I don't know if the child was out of control. I think that it was an unfortunate accident. However, I do believe that an adult would have been able to avoid this guy. I personally think that this guy was inexperienced. However, I feel the child (being uphill from him) had the greater responsibility to watch for the skiiers downhill. IMO, there should be children slopes and adult slopes. I try to avoid the resorts that are popular with families. The slopes tend to be way too crowded with children and are accidents waiting to happen.

Of course, I am now going to sell my brand new ski equipment because my husband doesn't want to go skiing any more due to ACL tears in both of his knees...

HI Nan:I have seen 8 yo boys that ski much better than some adults.
If I make a direction change as the downhill rider, I always 'check traffic" behind me. It's just a good idea. If this guy had glanced behind him before veering right he would have seen the boy coming.
The boy did have the responsibility to watch I agree. but just as you are passing someone and they veer in your path what to do? We cannot anticipate the downhill skiers every move, they have a responsibility to stay a steady course just for this reason.

Now, if the boy was indeed traveling too fast on a catwalk it does create a dangerous situation and I have seen it. What they do is use the very sides of the catwalk to go faster and cut through the hairpins by going below. that is fine as long as they are super defensive.
But a catwalk is not typically very wide and usually one has to go fairly slow. As a snowboarder I try to avoid them at all costs, simply because I cannot keep up a good speed and that causes a board to stall and I have to push with my arms to get out of there.
But the story just sounds like this boy was going the right speed for a catwalk and it was just an unfortunate accident.

ETA: Sorry about your dh.

 

[JBean]

http://blogs.rockymountainnews.com/...s/2007/12/who_sues_an_8yearold_and_why_n.html





Wednesday, December 26 at 9:17 AM

David Pfahler and his wife, Marlene Ambrogio, have had to leave their Allentown home for the holidays because people who got angry after reading the story tied up the family's phone lines using "robocalling" technology, or repeated, automated calls, attorney Jim Chalat said. Others have called Reader's Digest, where Pfahler works, and demanded he be fired.​

"I've never seen anything like it," said Chalat, whose Denver law firm also has received angry e-mails and calls.​

He said the couple are "brokenhearted" by the way they've been portrayed.​

 

[angelmom]

Well that is just ridiculous!

While I think the lawsuit is probably frivilous and likely to be tossed, it's not like he went out and harmed the child!

Who has that much free time and hostility to harrass this family...and over Christmas, for Pete's sake???

Some people are just unbelievable.

 

[BarnGoddess]

When I was in my twenties, I was injured skiing. Nothing very exciting. It happened at Camelback in PA. I was standing in the lift line and a man came up behind me and didn't know how to do a simple snow plow stop. He went between my skis and fell. I did a split and heard a pop. It was my interior ligament by my left knee. We went home and I even drove part way home. The next morning, I couldn't straighten out my knee and went to the doctor. He referred me to a top orthopedic specialist and I had torn my ligament, almost severed it. He gave me some powerful painkiller and I straightened out my leg by the next day. I was in a walking brace for about 6 weeks. Then spent a lot of time doing rehab exercises to strengthen my knee. About a years worth.

I never knew who ran into me. Never thought to sue. My insurance paid the bills. I've been fortunate that I've had very little trouble with that knee.

I will say that man who ran into me had no business on that lift line. We were going to the top. He was obviously just a beginner. Back then there were no restrictions where you could ski regardless of your skill. I tried to push a couple of ski areas to try to keep rank beginners off the tops of difficult runs, but no one seemed to care. I thought that different colored lift tickets could be used. You don't get on the black with a pink ticket, LOL.

Geez, people collide even on the bunny slopes every day.

BTW, I haven't been skiing in many years.

 

[Malapoo]

My 74 (soon to be 75) year old mother got hit by a taxi last week - my Mom, not my Mom in a car. The taxi wanted to get a fast jump on a red light turning green and threw my Mom about 10 feet. Thank God Mom is ok other then HORRIBLY bruised and swollen, but no breaks or internal injuries. Now she COULD sue and especially with it being a company she'd be suing, but she's not. But boy they have a BOX FULL of attorney letters and cards and videos on "what to do when you're injured"!!!!!

I wonder if the boy was apologetic about it. I'm sorry the man was hurt, I think he milked his injury for all it was worth (I've gone back to work with stitches in my jaw after a dog bite, having the tips of two fingers sewn back on - same day no less. If someone accidentally hurts you but are apologetic, move on.

 

[deanws]

My 74 (soon to be 75) year old mother got hit by a taxi last week - my Mom, not my Mom in a car. The taxi wanted to get a fast jump on a red light turning green and threw my Mom about 10 feet. Thank God Mom is ok other then HORRIBLY bruised and swollen, but no breaks or internal injuries. Now she COULD sue and especially with it being a company she'd be suing, but she's not. But boy they have a BOX FULL of attorney letters and cards and videos on "what to do when you're injured"!!!!!

I wonder if the boy was apologetic about it. I'm sorry the man was hurt, I think he milked his injury for all it was worth (I've gone back to work with stitches in my jaw after a dog bite, having the tips of two fingers sewn back on - same day no less. If someone accidentally hurts you but are apologetic, move on.

My thoughts also Malapoo, but we live in a sue happy world. It is a shame, as we all pay the price for them.