Heavenly (Vail) being sued for off duty employee hitting a skier
Posted: July 3, 2012 Filed under: Skier v. Skier | Tags: Brazil, Employment, Heavenly Mountain Resort, Heavenly Ski Area, Skier, Snowboarder, Vail, Vail Resorts 1 CommentLawsuit claims heavenly is liable for not teaching the employee how to board?
What appears to be a beginner skier was hit by a snowboarder at Heavenly Ski Resort. Heavenly is owned by Vail Resorts. The article refers to
both resorts interchangeably. The snowboarder was an off duty Heavenly employee. The employee was working as a temporary seasonal employee and from Brazil.
The lawsuit claims that Heavenly is liable because:
…Heavenly solicits foreign employees, offers free season ski passes for use when they’re off duty, discounted merchandise, food and beverage, and low-cost housing that the company is responsible for their presence on the slopes.
Sullivan argues that the resort doesn’t provide adequate training to the employees on skiing and boarding skills and the need to follow the resort’s responsibility code.
I think that is a stretch. I think that claim has been stretched to Brazil and back. If Vail is liable for not teaching an employee how to ski, McDonald’s is in big trouble for not teaching its employees how to i.
See Gardnerville couple suing ski resort in accident or Second skier sues Vail Resorts claiming a Heavenly employee injured him while snowboarding out of control.
What do you think? Leave a comment.
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I couldn’t agree more… assumption of risk statute? In New Hampshire this would have been thrown out, unless there were more extenuating circumstances. It’s unfortunate that the person was injured, but one assumes risk when stepping onto an outdoor venue. Most ski areas do provide instruction for employees and some require it. Best to err on the side of prudence, eh?
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