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Skier assumes the risk on a run he had never skied before because his prior experience.

Assumption of the risk is a bar to claims of negligence in New York for injuries a skier receives at the ski area because of his experience as an expert skier.

Schorpp et al., Respondents, v Oak Mountain, LLC, et al., 143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

State: New York, Supreme Court of New York, Appellate Division, Third Department

Plaintiff: Ron W. Schorpp and his wife

Defendant: Oak Mountain, LLC, et al.

Plaintiff Claims: Negligence

Defendant Defenses: Assumption of the Risk

Holding: For the Defendant ski area

Year: 2016

The plaintiff was a self-described expert skier who had been skiing at the defendant resort weekly and had been skiing for decades. This was the plaintiff’s first time on the particular black diamond run however. The ski run had been recommended to the plaintiff ha by an employee of the defendant.

While skiing the recommended run the plaintiff skied into a depression causing him to flip over and out of his skis suffering injury.

The defendant filed a motion for summary judgment based on assumption of the risk, which the trial court denied. The defendant appealed that ruling resulting in this decision.

Analysis: making sense of the law based on these facts.

The appellate court reviewed the definition of assumption of the risk under New York law.

Under the assumption of risk doctrine, a person who elects to engage in a sport or recreational activity “consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation

That assumption of the risk definition when applied to skiing had been defined by another court to include the risk “caused by ruts, bumps or variations in the conditions of the skiing terrain.” Further, assumption of risk is measured against the skill and experience of the particular plaintiff. In this case the plaintiff had decades of experience.

Although this was his first time on the particular black-diamond trail, Schorpp had “decades of skiing experience” and had skied at Oak Mountain on a weekly basis prior to his accident. Taking into account his experience and skill level, Schorpp was aware of the risk of injury that could be caused by the depression on the ski slope

As such the plaintiff assumed the risk of his injuries. The appellate court granted the defendant’s motion for summary judgment based on assumption of the risk.

So Now What?

Assumption of the risk is making a comeback. Once gone when it was merged into contributory negligence, courts are bringing it back to eliminate claims prior to trial. If you assume the risk of your injuries you should not have the opportunity to go to trial.

One argument that was not raised was negligent information or detrimental reliance on the statement or recommendation of the particular run by the ski area employee. The plaintiff did not argue he was injured because he followed the negligent advice of the employee of the defendant

What do you think? Leave a comment.

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Author: Outdoor Recreation Insurance, Risk Management and Law

Copyright 2017 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

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Mobile Site: http://m.recreation-law.com

By Recreation Law           Rec-law@recreation-law.com     James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Ski Area, Skiing, Black Diamond, Oak Mountain, Assumption of the Risk, trail, skiing,  summary judgment, depression, ski, risk of injury, black-diamond, downhill, skied, sport, skill, skis,

 

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Schorpp et al., Respondents, v Oak Mountain, LLC, et al., 143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

Schorpp et al., Respondents, v Oak Mountain, LLC, et al., 143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

Ron W. Schorpp et al., Respondents, v Oak Mountain, LLC, et al., Appellants.

522405

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT

143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

October 20, 2016, Decided

October 20, 2016, Entered

COUNSEL:  [***1] Roemer Wallens Gold & Mineaux LLP, Albany (Matthew J. Kelly of counsel), for appellants.

Horigan, Horigan & Lombardo, PC, Amsterdam (Peter M. Califano of counsel), for respondents.

JUDGES: Before: Peters, P.J., McCarthy, Garry, Clark and Aarons, JJ. Peters, P.J., McCarthy, Garry and Clark, JJ., concur.

OPINION BY: Aarons

OPINION

[*1136]  [**296]   Aarons, J.

MEMORANDUM AND ORDER

Appeal from an order of the Supreme Court (Sise, J.), entered November 5, 2015 in Fulton County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff Ron W. Schorpp, a self-described “expert skier,” was  [*1137]  injured while skiing down a trail at defendant Oak Mountain Ski Center (hereinafter Oak Mountain), which is operated by defendant Oak Mountain, LLC in the Village of Speculator, Hamilton County. Schorpp testified that an Oak Mountain employee recommended  [**297]  a black-diamond trail to him. Schorpp and his daughter planned to ski down this trail and meet his wife and other children at a subsequent juncture of trails. Approximately three quarters of the way down the trail, Schorpp skied into a “depression” that was filled with snow. The skis got caught in the depression causing Schorpp to flip over and fall out of his skis. Schorpp, and [***2]  his wife derivatively, subsequently commenced this negligence action against defendants. Following joinder of issue and discovery, defendants moved for summary judgment. Supreme Court denied the motion and defendants now appeal. We reverse.

Under the assumption of risk doctrine, a person who elects to engage in a sport or recreational activity “consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Morgan v State of New York, 90 NY2d 471, 484, 685 N.E.2d 202, 662 N.Y.S.2d 421 [1997]; see Martin v State of New York, 64 AD3d 62, 63-64, 878 N.Y.S.2d 823 [2009], lv denied 13 NY3d 706, 915 N.E.2d 1181, 887 N.Y.S.2d 3 [2009]; Youmans v Maple Ski Ridge, Inc., 53 AD3d 957, 958, 862 N.Y.S.2d 626 [2008]). Regarding downhill skiing, an individual “assumes the inherent risk of personal injury  caused by ruts, bumps or variations in the conditions of the skiing terrain” (Ruepp v West Experience, 272 AD2d 673, 674, 706 N.Y.S.2d 787 [2000]; see General Obligations Law § 18-101; Hyland v State of New York, 300 AD2d 794, 794-795, 752 N.Y.S.2d 113 [2002], lv denied 100 NY2d 504, 793 N.E.2d 411, 762 N.Y.S.2d 874 [2003]; Dicruttalo v Blaise Enters., 211 AD2d 858, 859, 621 N.Y.S.2d 199 [1995]). The application of the assumption of risk doctrine must be measured “against the background of the skill and experience of the particular plaintiff” (Maddox v City of New York, 66 NY2d 270, 278, 487 N.E.2d 553, 496 N.Y.S.2d 726 [1985]; see Sharrow v New York State Olympic Regional Dev. Auth., 307 AD2d 605, 607, 762 N.Y.S.2d 703 [2003]).

We conclude that defendants satisfied their moving burden by demonstrating that Schorpp assumed the risk of injury associated with downhill skiing (see Jordan v Maple Ski Ridge, 229 AD2d 756, 757, 645 N.Y.S.2d 598 [1996]). Although this was his first time on the particular black-diamond trail, Schorpp had “decades of skiing experience” and had skied at Oak Mountain on a weekly basis prior to his accident. [***3]  Taking into account his experience and skill level, Schorpp was aware of the risk of injury that could be caused by the depression on the ski slope (see Painter v Peek’N Peak Recreation, 2 AD3d 1289, 1289-1290, 769 N.Y.S.2d 678 [2003]; Ruepp v West Experience, 272 AD2d at 674; Giordano v Shanty  [*1138]  Hollow Corp., 209 AD2d 760, 761, 617 N.Y.S.2d 984 [1994], lv denied 85 NY2d 802, 648 N.E.2d 792, 624 N.Y.S.2d 372 [1995]; Calabro v Plattekill Mt. Ski Ctr., 197 AD2d 558, 559, 602 N.Y.S.2d 655 [1993], lv denied 83 NY2d 754, 634 N.E.2d 979, 612 N.Y.S.2d 378 [1994]). In opposition, plaintiffs failed to raise an issue of fact as to whether defendants concealed or unreasonably increased the risks to which Schorpp was exposed (see Sontag v Holiday Val., Inc., 38 AD3d 1350, 1351, 832 N.Y.S.2d 705 [2007]; Ruepp v West Experience, 272 AD2d at 674). Accordingly, Supreme Court erred in denying defendants’ motion for summary judgment.

Peters, P.J., McCarthy, Garry and Clark, JJ., concur.

ORDERED that the order is reversed, on the law, with costs, and motion granted.

 


Ship Skis Service and Recommendations

NSSRA Offers Ship Skis as Newest Member Benefit

Program Is Designed To Increase Store Traffic While Offering Customers an Easy Way To Ship Their Gear

MOUNT PROSPECT, IL — The National Ski & Snowboard Retailers Association (NSSRA) Board of Directors is pleased to announce an agreement with Ship Skis to provide ski and board gear shipping services to NSSRA members. Ship Skis provides similar services to the golf industry under the Ship Sticks brand.

NSSRA members who participate in the program will be able to ship their customers’ gear to and from any home, business, or ski resort in the United States or abroad. Retailers will be provided with an easy to complete Ship Skis web page for their websites, which quickly calculates shipping charges. Through Ship Skis, shipping fees are offered at discount rates. This allows NSSRA retailers to earn a margin on their customers shipping charges for facilitating the shipment. Shipments are insured against loss or damage, and Ship Skis will cover up to $200 should the customer have to rent gear for any shipments that are delayed in-transit.

“This is such a natural service to provide our members that we didn’t want to wait until next season to get started,” said NSSRA Chairman of the Board Wilbur Rice. “Many retailers provide similar services for their customers, but the Ship Skis program will save significantly on the cost of shipping skis, boards or other gear to ski resorts.

“I want to thank NSSRA Past Chairman Brad Nelson and Chairman-Elect Teddy Schiavoni for their work in putting this together,” Rice said. “As busy as they have been in their shops, they understood the importance of making Ship Skis available to our members now rather than waiting until next season.”

“We are ecstatic about the new partnership with the NSSRA and proud to join the existing partners in the endeavor to advocate for Ski/Snowboard retailers across the country,” says Nicholas Coleman, CEO. “We believe Ship Skis will extend a unique opportunity to assist every member of the NSSRA with increased foot traffic and revenue at each of its specialty retailers and vendors. This partnership will provide ski/snowboard business vendors and down slope retailers with a way to ensure their customer base has a full-service experience from the counter at the store to the slopes anywhere in the world.”

For more information on Ship Skis, please visit wsmith

For more information on NSSRA, contact NSSRA President Larry Weindruch, lweindruch, or stop by Booth #3628 during the SIA Snow Show.

About NSSRA: The National Ski & Snowboard Retailers Association is a volunteer-led organization dedicated to growing snow sports participation and to support and educate specialty snow sports retailers. Since its founding in 1989, NSSRA has served as the voice of specialty retailers, representing their interest on issues that affect the specialty retail channel. NSSRA publishes research reports for specialty snow sports retailers, offers cost-saving services, and compiles and distributes the Combined Indemnified Bindings List. For more information, please contact NSSRA President Larry Weindruch, (847) 391-9825, or email: lweindruch.

About Ship Skis: Ship Skis provides a door-to-door shipping solution for the traveler who desires a hassle-free traveling experience. As the most reliable and cost effective shipping service available, Ship Skis has partnered with the world’s finest Ski Resorts, Ski Shops and Hotels to allow for an effortless shipping experience. Shipping skis, snowboards, and luggage with Ship Skis allows you to save time and money at the airport by avoiding the long check-in lines, crowded baggage terminals, and expensive baggage fees. Whether your skis, snowboards or luggage are being picked up from your home or office, Ship Skis guarantees an on-time delivery to wherever you’re staying or skiing. For additional information with regards to these convenient services, please visit www.shipskis.com.


Kickstarter campaign for Bluetooth lost luggage device that also has a motion sensor. It can record your big jumps on the slope, Terrain Park or bike park. It can also find your lost keys.

This small round and thin device can be placed on any mobile item with a hook, key ring, stick or the PebbleBee’s adhesive back!  The PebbleBee can assist in locating lost items (with attached Bee), monitor tracking, movement, temperature, navigation and numerous other features that assist in everyday management of personal items!

Whether you are traveling to the park or internationally, you don’t want to loose your personal items!  Your worries are over…..Meet the PebbleBee! 

The PebbleBee’s revolutionary “Range Finder” will assist in alerting you when any mobile item (including children or pets) has crossed over the configured range.  By setting up the range alert paired with your location, your mobile device will alert you when the item has crossed over the configured range of up to 150 feet.  The PebbleBee will alert you with a “Buzz” or “ring” or even “spark with a LED internal flash to aid in finding your item-it’s your choice.  The PebbleBee App (free) will indicate how close you are to the item of interest based on a signal bar and Bee rings.  Think, pet collars, children’s backpacks or necklaces, laptops, bikes, cars the items are endless.

Another feature is the PebbleBee Hornet’s motion detection ability that assists in monitoring home security, location of children or pets, health/fitness, numerous sports applications, navigation and commercial/industrial monitoring for safety applications.  It has a 9 Axis Motion Tracker and thermometer sensors that when paired with your phone it can provide data on movement, direction, speed, navigation and tracking the user.  In combination with your phone’s GPS the possibilities are endless.  You can configure defined alerts that let you know if the temperature is dropping outside to bring your plants in, where your cat has traveled at night, if your jogging speed drops below your threshold and more!!!  The data can be viewed live and/or saved to a file for replay.  Track your awesome moments on the ski slopes, or put the PebbleBee on a door to know when it is being opened.  The applications are unlimited!

Should you lose your item at the airport?  No problem, with the PebbleBee network an alert will sent to all PebbleBee users who can assist in locating the item for you.  You can also integrate your swarm of PebbleBees and Bluetooth devices.  Registered in the hive you can securely access your phone or PC anywhere in the world.  The Hive software will be compatible with other Smart Router hubs.

For more information-https://www.kickstarter.com/projects/192833321/pebblebee-the-most-versatile-ios-android-bluetooth

Scheduled to be available in May!

Features:

·         -5 mm thick and 40 mm diameter.

·         -The PebbleBee battery lasts 3 years depending on usage – and can be replaced.

·         -PebbleBee works on Android 4.3 Bluetooth 4 equipped phones/tablets and Apple Bluetooth 4

·         compatible iPhones and iPads. Coming soon for Windows 8 Computers and Phones.

·         -PebbleBee can be commanded by the app to buzz or light up.

·         -PebbleBee button can be used to command numerous triggers on your phone, such as ring, or call your favorite contact.

·         -PebbleBee devices provide a range finder so you can view how far you are from your belongings.

·         -PebbleBee devices can be put in alert mode, so when your assigned PebbleBee leaves a configurable

·         range the user is alerted. The alert can also be paired to a location.

·         -PebbleBees can be located based on last known position detected by the entire PebbleBee network.

Location can be displayed on Google Maps for user to navigate.

·         -PebbleBees can be designated as lost. Owner will be alerted when it becomes actively detected on the

PebbleBee network by PebbleBee users and designated Friends.

·         -PebbleBees can be shared by owners to multiple other PebbleBee users who get select abilities.

·         -PebbleBee Friends can be designated to easily discover which of your friends is closest to your lost

·         device.

·         -A PebbleBee application user can easily view status and manage dozens of owned and shared PebbleBee

·         devices.

·         -From an application on any platform, a PebbleBee user can logon to cloud sync their account PebbleBee

·         devices for use on multiple handheld devices. Once a PebbleBee is configured, the App doesn’t require

·         the PebbleBee cloud.

·         -PebbleBee devices can be designated by name and picture.

·         -Ability to operate in private mode to preserve battery life, and increase wireless performance

·         -The PebbleBee communicates with Bluetooth 4.0 enabling a range of 50-150ft and low power usage

·         -The PebbleBee devices are water resistant.

·         -Connect a key ring or Stick the adhesive backed PebbleBee to anything and everything! It’s the perfect accessory and utility to find or avoid any keys, bag, remote, car, dog, cat, child anything!

Hornet Version: Includes a 9-axis (3-axis gyro, 3-axis accelerometer and 3-axis magnometer or compass) chip and a temperature sensor with developer API to interface/control the PebbleBee’s 9-Axis data stream. Includes functions to enable/disable 9-axis chip and enable callbacks for motion data. Provide real time motion data over Bluetooth. Ability to control when and how (at different sampling rates) you receive data and users can follow easy to use, drag and drop action and trigger commands on the PebbleBee app to create PebbleBee scenarios. I.e. if user pins a PebbleBee on their front door, and door moves, even very slight movement will trigger a compass direction change, which will send a stream of data to your paired phone which will then trigger your defined actions such as sound phone alarm, or email your security company, etc. You get lost hiking in the woods and your cell phone no longer works? No problem because your PebbleBee on your keychain recorded your whole path back, and can actually help you navigate back. The 9-axis gyro can be used to collect endless high resolution motion data on your skateboarding/biking/skiing/motorsports….really any sporting activity and seamlessly stream the data on your phone for live viewing or storage and post analysis/replay. You can even keep an eye on your wine cooler and be notified when the temperature goes below or above an assigned number.

Bumble Version: The PebbleBee can be wirelessly charged by placing it on a wireless charger for battery life longevity. This version includes an induction coil and a lithium ion battery at 150mAH and increase the thickness to 6 mm.

PebbleBee Hive (hub): For home security or for networking PebbleBees across the world, use the PebbleBee Hive. It’s a hub that wirelessly connects all your PebbleBees at home, in the office or out in the field outdoors. The Hive seamlessly coordinates with the cloud over WIFI to notify the PebbleBee application user of notable events. You no longer need your phone to be in range of your PebbleBees for complete control! You can apply all your PebbleBees around your home and be notified of every movement in your home with emails, and notifications on your phone wherever you are. Actions, triggers and motion control can be monitored for multiple PebbleBee contributors across the world. PebbleBees can be shared and controlled anywhere the internet is available. You can play drinking games with your buddies across the globe with the PebbleBee attached to their beer mugs and know exactly when, and how far ahead you are by streaming live data through the PebbleBee hive.

For more information:

https://www.kickstarter.com/projects/192833321/pebblebee-the-most-versatile-ios-android-bluetooth

The kickstarter campaign is pretty well written and the video explains a lot.

Although the Kickstarter pedge description is confusing as heck. I still haven’t figured out what what you get for how much money.

 

 

 

 

 

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2014 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

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