| A skier who skied off a marked trail and then collided | | | | encouraging the creation of a Nanny State, where |
| with a wall - suffering severe internal injuries - has | | | | people have to be mollycoddled by the government |
| managed to revive a lawsuit against Snowbird, a ski | | | | in every aspect of their lives. |
| resort in Utah. William Rothstein claims to have skied | | | | The so called "sue culture" that now blights America, |
| through a gap in a rope, in a cordoned off area, | | | | and is also becoming more common in other western |
| which he mistook for an entrance to an open trail. He | | | | countries, has meant that due to fear of being sued |
| crashed into a wall made of railway sleepers that | | | | over some ridiculous claim of negligence, many |
| was covered by a thin layer of snow, and sustained | | | | businesses are limiting their services to protect |
| broken ribs, kidney injuries, liver damage and a | | | | themselves from financial ruin. The outcome for this |
| collapsed lung. | | | | is that while a few individuals benefit financially from a |
| Snowbird had initially won an earlier ruling, because | | | | payoff, everyone else suffers higher insurance |
| Rothstein, like all skiers who buy season lift passes | | | | premiums or increasingly more severe restrictions |
| had signed a waiver meaning that he accepted the | | | | over their freedoms, all in the name of "insurance |
| inherent dangers of the sport and in particular a | | | | purposes." |
| clause that stated that the skier assumes all risk | | | | Of course, on occasion, there are some genuine acts |
| "including the negligence of Snowbird, its employees | | | | of negligence which lead to serious injury, and in |
| and agents." But the Supreme Court decided that the | | | | these cases compensation should be awarded, but |
| release goes against a state law, which was written | | | | the vast majority of cases going through the courts |
| to protect resorts by keeping liability insurance rates | | | | appear to be from greedy individuals out to exploit |
| affordable. This means that Rothstein can now | | | | the system for their own financial gain. It's now a sad |
| attempt again to sue Snowbird for what he claims | | | | fact of life that a massive industry has sprung up |
| was negligence. | | | | around trying to find reasons to blame others, rather |
| Jesse Trentadue, a lawyer representing Rothstein, | | | | than taking responsibility for ourselves. |
| claims the ruling will "encourage ski resorts to be | | | | For the sake of Snowbird ski resort, as well as |
| more careful in their operations". However the more | | | | restaurants, guesthouses and hotels in Salt Lake City, |
| likely outcome is to simply encourage people who | | | | it's hoped that the ruling goes in favour of the ski |
| sustain an injury whilst in skiing or snowboarding to | | | | area and that the skier accepts responsibility for his |
| try and bring about a law suit against the resort, | | | | own actions. But if Rothstein is successful in his case, |
| meaning higher insurance premiums higher lift pass | | | | it's likely to open the flood gates for all manner of |
| prices and even more restrictions imposed on skiers. | | | | other gold diggers and as a result, push up ski pass |
| Many in nearby Salt Lake City have been outraged | | | | prices, and induce further restrictions on winter |
| by the ruling, saying that people should take | | | | sports fans. |
| responsibility for their own actions and stop | | | | |