Tuesday, December 19, 2017

No Duty Owed For Inherent Risks Associated With Downhill Skiing

In the case of Cole v. Camelback Mountain Ski Resort, No. 3:16-CV-1959 (M.D. Pa. Oct. 16, 2017 Mariani, J.), the court granted a Motion to Dismiss in a downhill skiing injury case.  

In so ruling, Judge Mariani noted that a ski resort owes no duty of care to a skier for any in inherent risk of downhill skiing.  The court noted that accidentally striking an object while skiing down a slope is an inherent of downhill skiing.   The exact nature of the objects struck is not material.  

The court also noted that the fact that the ski resort added padding to the object that the Plaintiff struck did not give rise to liability for a negligent undertaking.   To rule otherwise would deter voluntary safety efforts on the part of a ski resort.

Anyone wishing to review a copy of this decision may click HERE.

 I send thanks to Attorney James M. Beck of the Philadelphia office of Reed Smith and the writer of the Drug and Device Law blog for bringing this case to my attention.  

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