Speaking of liability...

[Mellow Yellow]

http://www.azcentral.com/offbeat/articles/1203snowboarder-cited-ON.html

Whoops......:rolleyes:

[Matt D]

Doesn't it all come down to assumption of risk?

I'm not a lawyer, nor do I play one on TV, but from what I've studdied in school... you can only assume so much risk. All resorts have the big disclaimer on the back of the tickets, but you really can't sign away all of your rights.

I believe that when you go to a ski hill, you do assume a certain amount of risk, but in a slow ski zone, and wearing a big bright jacket/uniform you cannot assume so ass will ruin your season by breaking your leg.

However, what if that patroler has osteoperosis (didn't bother to look up the right spelling), and his bones were weak? What then?

Matt D

[Marilyn Cambers]

Ahhhh ... not this liability issue again! Great article Mellow - such a crime!! Ooops bad timing!! I agree!! How much of life is about bad timing, but do we all get two days in jail and community service tacked on because of?!?! There's also something called workers' comp, Mr. Ski-Patroler Man. Shred, is there a bud commercial for him?

Pretty sure it's in everyone's nature, don't hit others -- get outttddda wayyy. And when it happens, ooooopps, total accident, why is it a crime?!

We were contemplating a weekened in Durango in Feb ... hmmm..... may have to retinkit!

Marilyn ;)

[Baka Dasai]

IANAL, BIHALD (BIAL)
(I Am Not A Lawyer, But I Have A Law Degree (But In Australian Law))


Originally posted by Matt D
However, what if that patroler has osteoperosis (didn't bother to look up the right spelling), and his bones were weak? What then?

The legal principle here is known as the egg-shell skull principle.

It states that you have to "take your victim as you find him". If your victim has a particular vulnerability that exacerbates the effects of your negligence, it's tough luck for you - you're still liable for all the damage.

Note that this principle applies only in tort (civil law), not criminal law. The article referred to in the original post is about assault, a criminal offence.

Regarding the case, it's hard to make a judgment without knowing the details. Maybe the guy was riding with an obvious disregard for whether he hit somebody? Maybe he thought it would teach that pesky ski patroller a lesson if he crashed into him? If so, that seems like a fairly clear-cut case of assault.

So without any more details I wouldn't get too worked up about this. I think if you're making reasonable efforts to avoid crashing into people then you should be safe from being done for assault.

As for the sentence - it seems kinda wacky - 2 days in jail, and paying the victim's medical expenses. Two days is a bizarre length for a jail sentence, and I didn't think criminal courts usually had the power to enforce something like paying for the victim's medical expenses. That's usually something the victim would have to launch a civil case for. If they did, the victim could also claim for lost earnings, and money for "pain and suffering".

[north east will]

this is kinda off topic and i dont want to sound like some punk kid...but i have been known to speed through slow skiing zones. sometimes you have to in order to have enough speed to get through a flat section...skating sucks.

will

[Matt D]

Originally posted by Baka Dasai
[B]IANAL, BIHALD (BIAL)
(I Am Not A Lawyer, But I Have A Law Degree (But In Australian Law))


Regarding the case, it's hard to make a judgment without knowing the details. Maybe the guy was riding with an obvious disregard for whether he hit somebody? Maybe he thought it would teach that pesky ski patroller a lesson if he crashed into him? If so, that seems like a fairly clear-cut case of assault.


But Baka, assualt takes place in the mind of the victim.

[Mellow Yellow]

north east....

instead of going fast thru a slow flat area, just make friends with a cute little ski bunny and ask her for a pole!:D

[Baka Dasai]

Originally posted by Matt D
But Baka, assualt takes place in the mind of the victim.

I don't get what you're trying to say. Assault usually takes place on the body of the victim, and it is the mind of the perpetrator (mens rea) that is relevant.