Friday, March 1, 2019

Third Circuit Court of Appeals Affirms Judgment in Favor of Ski Resort (Not Precedential)



In the case of Vu v. Ski Liberty Operating Corp., No. 18-1769 (3d Cir. Feb. 12, 2019 Chagares, Bibas, Sanchez, JJ.) (Op. by Chagares, J.)(Listed as "Not Precedential"), the court entered judgment in favor of a Defendant in a skiing accident case. 

The court ruled that, under the Skier’s Responsibility Act, ski resorts have no duty to protect skiers from the inherent risk of the sport.   The court noted that losing control and skiing off the side of a trail is an inherent risk of skiing.  Under the law, inherent risk need not be natural conditions on the ski slope.  

The court otherwise found that the Plaintiff failed to identify any particular industry standard that the Defendants violated.

As such, the court affirmed the entry of judgment in favor of the defense.  

Anyone wishing to review a copy of this case may click this LINK.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.  Attorney Beck is also the writer of the excellent Drug and Device Law blog which can be viewed HERE,

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