Ski Lift Accident Leaves Victims Severely Injured
A father and two of his children were seriously injured when a ski lift detached causing them to plummet 20 ft to the ground. The father was permanently injured, according to the article, and his children sustained severe injuries. According to the lawsuit, the resort had cause to know that the lift was malfunctioning prior to the incident and yet did not shut down the lift or repair it.
According to the family, the lift had nearly reached the top when it suddenly stopped. When it started again, the lift began violently jerking and the lift itself became detached. All three people were then dropped to the ground with the lift. According to some other skiers, the lift had been acting up all day.
The extent of the father’s injuries remains unclear. However, he was reported to have sustained spinal injuries, internal bleeding, broken ribs, and a fractured pelvis.
Analyzing the lawsuit
One thing Floridians don’t have to worry about is ski resort lawsuits. However, we are one of the largest recreational destinations in the world and similar rules would apply to ski resorts as they would an amusement park.
When an amusement park is sued for an injury caused by a ride, two lawsuits are generally filed, one against the amusement park, the other against the company that designed the ride. In this case, the lift was built in the 1990s and the ski resort had ultimate control over the lift. They were responsible for servicing and repairing the lift. They had cause to know that the lift was malfunctioning, failed to shut it down or repair it, and someone was injured as a result of that choice. The ski resort is liable for the injuries caused to the plaintiffs. In fact, unless the plaintiffs caused the lift to malfunction, they have no real defense to this claim.
Amusement Park accidents
In Florida, amusement park accidents are filed under a theory of strict liability meaning the plaintiff does not even need to prove negligence to win their claim. They need only prove that they were injured on the ride and did not contribute to their injury. In other words, amusement parks have no real defense to the claim other than to say it was the negligence of the customer who caused their own injuries. As you can see, such a defense will not work for the ski resort in this claim. The lift was defective, the ski resort had cause to know the lift was defective, they allowed resort-goers to access the lift, they were injured as a result. Claims don’t come much cleaner than that. The ski resort will likely move to settle the suit and avoid further bad press.
Talk to a Tampa Personal Injury Attorney Today
If you are injured at an amusement park, the Tampa personal injury attorneys at The Matassini Law Firm can file suit against the negligent parties and recover damages related to your injuries. To learn more, call our office today.
Resource:
pahomepage.com/news/victims-of-ski-lift-incident-file-lawsuit-against-camelback-mountain-resort/
