Monday, January 27, 2025

Snowboarder's Estate Denied Recovery Under Skiier's Responsibility Act


In the case of Birl v. Shawnee Mountain, No. 3:22-CV-1598 (M.D. Pa. Jan. 6, 2025 Bloom, MAG. J.), the court entered summary judgment in favor of a Defendant’s ski resort after finding that the Skier’s Responsibility Act prevented the Plaintiffs from taking their case over injuries sustained by their son to trial.

According to the Opinion, the Plaintiffs sued Shawnee Mountain Ski Resort with a paralysis suffered by the then 16 year old Plaintiff who struck a light pole while snowboarding. The Plaintiffs alleged that the pole was unguarded and improperly placed.

The court noted that the law recognizes that snowboarding is a dangerous activity. The court additionally noted that the law recognizes that riding a snowboard in a terrain park to perform tricks and jumps increases the risk of injury associated with that activity.

The court ruled that, even accepting the Plaintiffs’ version of the events, that is, that the course caused the minor Plaintiff’s loss of control and, ultimately, his collision with a off-trail obstacle, the court noted that this risk was inherent to the activity undertaken by the minor Plaintiff, which was snowboarding in a terrain park.

As such, the court entered summary judgment in favor of the ski resort.

Anyone wishing to review this case may click this LINK.  The Court's companion Order can be viewed HERE.



Source of image:  Photo by Allesandro Maculotti on www.unsplash.com.

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