Just because your son died, does not mean you get money


State: Oregon

Most non-attorneys think this way. I got hurt; therefore, someone owes me money. I even got an email from someone who admitted they were not paying attention and walked off the curb and were injured. They wanted to sue. They did not know who to sue, but simply because they were injured, they thought they were owed money.

Or in this example, it may be pain. I hurt because I lost a loved one, therefore, you owe me money.

In this case, there are two different lawsuits going against Mt. Bachelor for two tree well deaths that occurred on the same day four years ago. The father of one of the deceased made this statement in the article.

“If you have four accidents on the highway, they will fix that turn; they will do something,” Braun said Friday. “They will close it, they will fix it.”

When someone has a duty to keep the highways safe, then that occurs. However, most states do not owe you a duty to keep highways safe. The poor father’s knowledge of how the law works is going to confuse him even more when he loses his lawsuit.

And I suspect that his deceased son was not skiing fresh powder because it was easy, because there was no risk. Skiing is risky and most of us ski for that risk.

What’s worse, is the writer is supporting this misinformation by writing about it. If it is in the news, it must be true.

It is a perfect combination to write a bad article to make someone feel worse. The only people who are going to “win” in this mess is the writer, who will move on and the attorneys.

It also appears that the plaintiff’s attorneys are not skiers or boarders. Allegedly, the complaint has an allegation that Mt. Bachelor is negligent because the ski area did not “mark the tree wells or monitor them.”

If Mt. Bachelor or anyone knew where the tree wells were, or even if there was a way to find them, I suspect they would. But if you have never skied fresh power after a dump, you have no idea what you are complaining about.

Why Is This Interesting?

It’s sad more than anything.


@MtBachelor #Lawsuit #SkiFatality @RecreationLaw #SkiLaw #SkiAreaLaw #RecLaw #RecreationLaw #OutdoorRecreationLaw #OutdoorLaw #OutdoorIndustry

Who am I

Jim Moss

I’m an attorney specializing in the legal issues of the Outdoor Recreation Industry

I represent Manufactures, Outfitters, Guides, Reps, College & University’s, Camps, Youth Programs, Adventure Programs and Businesses


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