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legal issue


canuckcarver

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well i got in to an accident the other day with a 9 yr old kid, i knew he was beside me on a toeside turn and when i came back around on my heelside he was still there so begain to try to slow down to go over top of him, i lost an edge and he went down hard . he could not have known i was there, we were side by side on a blue run , he has 4 chipped teeth and the parents called me and are expecting me pay for all the dental work. would the waiver on the back of a lift ticket stand up in a legal matter? we arent in court but i dont want it to. i feel bad enough about it i dont want to be some kind of monster in a court with a 9 yr old kid. i broke off a few square inches of his board and managed to demo mine as well. and i really dont like the way the parents are talking..

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From the behaviour of the parents I'm going to assume that they're from the USA. The reason that I say this is because everyone here (in Canada) has so much insurance that one of his parents must have some kind of dental plan that would cover it.

There is a point where an accident is just what the name implies. AN ACCIDENT. I'm no expert, but I'm pretty sure that if they want to make a prosecution / claim of any kind it would be against the resort and their insurance, and not you as an individual.

If you pay voluntarily, you are admitting liability / fault, and may be opening yourself up to further chit in the future.

good luck,

Dave R.

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neither parent has coverage which really surprises me. and they said the dentist told them the kid would need dental work in the future for it. so that right there makes me very nervious about the whole thing and neither of us were more up hill , i dont have a pic of it, but my board has a small bit of damage right square on the nose from it. i dont think it could have been any more square

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1. STOP explaining anything about the accident. You post stuff and it can, surprisingly, come back to you.

2. Get a legal consult - unless you want to pay for $8,000.00 + in dental work - ask me how I know the cost, heh heh. Only a local attorney that knows your local laws and how they are interpreted can give you good advice, everything else is "internet" legal advice, and it is worth every penny you spend on it.

3. You might be able to speak to a legal aide attorney for free, and even a lot of attorneys will give you a free or reduced cost initial consult. Do it soon.

4. The legal stuff on the lift ticket is designed to protect the resort, so don't think that it protects you. Besides, the resort has attorneys on retainer, you don't.

5. Get back to the ski patrol and get a copy of any information that they have on file about the accident. Hopefully there isn't any. Talk to an attorney, he'll/she'll tell you why. If they don't have any info, make sure that you can get that in writing in case anything is "discovered" in the future.

6. Don't listen to me, talk to an attorney.

Mom and dad are pissed about paying out of pocket for teeth - which in the states are usually covered for only about $2,000.00 per year for a family.

It was an accident, you weren't gunning for the little guy. Did I mention you should talk to an attorney?

Rick

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neither parent has coverage which really surprises me. and they said the dentist told them the kid would need dental work in the future for it. so that right there makes me very nervious about the whole thing and neither of us were more up hill , i dont have a pic of it, but my board has a small bit of damage right square on the nose from it. i dont think it could have been any more square

don't **** around

get a a lawyer now

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so what your trying to say talk to an attorney.. haha ive got a copy of the incident report and any paper work about it. i just dont want to get lynched for an accident. and was wondering if the waiver would cover me. it reads ticket holder assumes all risk or personal injury..etc,, i just feel terrible about being involved with an injure kid

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What did the resort have to say about it at the time, or were you kind of "rattled" and didn't go in to guest relations and talk to them. The resort would have a legal dept. for this I imagine.

Until you know what's up, keep your mouth shut when talking to his parents.

I suspect that the cost of persuing you legally would far exceed the cost of getting his teeth fixed.

good luck,

Dave R.

no i talked to them , the on site medic's looked at him got me to fill out a report, i left like 4 runs after that. wasnt in the mood for boarding, what scared me most when we hit, i looked down hill and saw the kids helmet go flying, and i thought the worst. he was all dazed and had a mouth full of blood from a cut cheek or something, i cant shake the image.

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no i talked to them , the on site medic's looked at him got me to fill out a report, i left like 4 runs after that. wasnt in the mood for boarding, what scared me most when we hit, i looked down hill and saw the kids helmet go flying, and i thought the worst. he was all dazed and had a mouth full of blood from a cut cheek or something, i cant shake the image.

I HAVE READ THE WHOLE THREAD AND ALL IS TRUE. GET A LAWYER AND REMOVE THIS FROM THE SITE AND YOUR COMPUTER!!!!!!!!!!!!!!!!!!!!!!

1. all documentation you need to have a copy of now. did anyone inital the copies? This is to show they are real and some other than you made the copy who was involved.

2. You stated that you knew that person was there and it is then your due diligents to avoid the other person. You did not by your description. You continue to make the same size turns and not add space between you and the other person. Being Aware and not acting is what will hurt you in court. From only what I read in YOUR opening statement you are responsible. Sorry you are F$$$$D!!

3. I have been involved in an accident like this. The difference is I was training for national and the skiier ran me over. A ski tip either side of my spine. Thankfully I was wearing a "Flax jacket" that is issued to police under my gear. The comment I was given by police is the brusing looks the same as a 45 caliber bullet impact.:AR15firin The scarey part is no flax jacket I would not be alive, it would have been a threw and threw.

4. GET A LAWYER, NOW!!!

5. see above.

6. To understand that you admit you knew the other snow sports participate was there and turned back not giving enough space is on you. GET A LAWYER

7. My accident cost that skiier alot of money. The family paid of my dept for the race year and covered a summer of rehab, a physical trainer, and a new custom race board. I still went and raced at nationals. My coached started the suit due to me not riding for next two days after impact.

The kicker for me in court was the ski said he was not use to snowboarders on the hill!!!!!:smashfrea

We have been around for 20+years!!!!!!!!!!!!!!:biggthump

the judge said that was no excuse. the judge also mentioned that since I was wearing a bright yellow down hill suit and green jacket he finds it hard not to see me.

8. The back of the lift ticket protects the resort and tells you want your due diligents is. The fact you saw the other person shows your awareness and lack of judgement. You should have made space sincce you are aware of the problem and that puts you behind the person. Hence you are going to be found liable!!!!!! Remmember the skiiers code of conduct was written by skiiers and amended to include snowboarder. The judge will not understand the fact snowboards have a blind side turn (not ture because you can turn your head!!). I have raced, taught, and coached so looking at what you wrote I have to say sorry you are at fault.

9. MOST IMPORTANT IS READ ALL THE ABOVE AND GET FIN TO ERASE ALL THE POST PERTAINING TO THIS. TAKE EVERYONES ADVISE AND GET A LAWYER. DO NOT THINK OF THE KID, THINK OF THE OTHER SNOW SPORT PERSON(helps me as a paramedic-all are patients even family) . THE WAY YOU HANDEL THIS WILL ALSO COME INTO PLAY AT THE RULING IF IT GOES THAT FAR.

10. LAWYER FOR ADVISE AND PREPARE TO LAWYER UP.

ALL DOCUMENTATION YOU NEED A COPY.

ALL DOCTORS OPIONS NEED A SECOND OPION.

11. THE MOST IMPORTANT FACT IS ALL PARENTS WILL PROTECT AN INJURIED CHILD LIKE A PITBULL ON ROPE. DO NOT ACUSE THEM OR THE KID(PLAINTIFF) OR YOUR WORLD WILL STOP. REMMEBER THINK TWICE BEFORE YOU SPEAK. THIS MEANS THINK AND THEN HAVE THE LAWYER THINK AND ANSWER THE QUESTIONS.

SORRY THE TWO of you are going throught this trauma(impact on hill if court impact to your wallet).

now get all of this erased

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From the behaviour of the parents I'm going to assume that they're from the USA. The reason that I say this is because everyone here (in Canada) has so much insurance that one of his parents must have some kind of dental plan that would cover it.

There is a point where an accident is just what the name implies. AN ACCIDENT. I'm no expert, but I'm pretty sure that if they want to make a prosecution / claim of any kind it would be against the resort and their insurance, and not you as an individual.

If you pay voluntarily, you are admitting liability / fault, and may be opening yourself up to further chit in the future.

good luck,

Dave R.

Having lived in the USA for all 40 years of my life I can tell you that this is definately the case. None of us here have dental insurance. We don't, because we can't, because it is against the law. We don't even have dentists in this country. We start teaching our kids proper dental hygiene in grade school and continue through high school. By that time 99.973% of USA children at the age of 18 can complete the most complex dental surgery that you are accustomed to in Canada. In fact, 87.569% of all USA households have a sterile dental surgery suite in their garages or homes. Those who don't, rely on their neighbors for the standard root canal or braces. We graciously provide this to our less fortunate friends. I personally have 3 suites on my property (machine shed, garage, and corn silo when it is not drying corn). After work today, I did 2 root canal's, 3 sets of braces and 2 complete cleanings. 5 hours of work for a case of beer, some venison, and a date with the neighbors daughter.

Mr. Roboteye, take a look at the idiocy of your statement about the USA and you will realize how idiotic this post of mine is.

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Mr. Roboteye, take a look at the idiocy of your statement about the USA and you will realize how idiotic this post of mine is.

15.7% of your population has no form of medical insurance. (This figure is taken from the US govt. census website). I honestly thought it was higher than that, so I stand corrected in that regard. In Canada, 0% of our population has no medical insurance.

Charachterizing my statement as idiotic is at best a stretch of the truth. Your overreaction to my perceived criticism of your country is reinforcing the stereotypes that you are trying to dispell.

If you think someone is criticizing the USA, call them idiotic. Works for me.

later,

Dave R.

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15.7% of your population has no form of medical insurance. (This figure is taken from the US govt. census website). I honestly thought it was higher than that, so I stand corrected in that regard. In Canada, 0% of our population has no medical insurance.

Charachterizing my statement as idiotic is at best a stretch of the truth. Your overreaction to my perceived criticism of your country is reinforcing the stereotypes that you are trying to dispell.

If you think someone is criticizing the USA, call them idiotic. Works for me.

later,

Dave R.

Socialized Medicine right???????????? No overreaction on my part, just trying to have some fun with your stereotypical statement about the USA. Why can't we all just get along and ride maaaaaaaannnnnnnnn?

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OK, I'd go riding tomorrow if I had a job..................................... Ironic that now that I have the time, I don't have the money.:eek:

later,

Dave R.

Just trying to have some fun with ya! :biggthump Have a good night!

later,

Bubba-Ho-Tep

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I agree whole-heartedly with all of the "delete" and "get a lawyer immediately" comments above.

Unless you're a lawyer yourself, or have been involved in something like this before, you have no idea how complicated it can be, and how quickly you can get in over your head. You have just entered into an alternate universe that has its own rules and where you have NO friends except for the ones you hire to protect you--you NEED an expert to guide you through it.

When I was involved in a car accident a few years ago I tried to deal with the insurance company myself and learned a similar lesson. Its their profession (and the sole purpose of their jobs/training) to make you lose!!! Its cold and very calculated, but its also the hard truth.

Good luck.

PS- Delete all this before you get a lawyer too. If you don't, he/she will probably make you print it out and provide it to them. If the lawyer knows about it, and the record still exists, then you have to provide the info to the other side in the case. The discovery process is a b**ch!

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