The language set specific to an injury case is essential to litigation, and couldn’t be more important than in the ski industry. This article explains what many of the acronyms stand for, and a brief description of their role in the ski industry.
The above list is not exhaustive, but explains the main professional organizations that share the overarching purpose of improving the safety of snowsports and the enjoyment of snowsports patrons. It’s important to note the adoption and compliance with the policies and the standards of the above organizations by skiers, snowboarders, and ski areas is voluntary. There are also many states that have statutes governing skier, snowboarder, and ski area responsibilities and safety.
When it comes to litigating a ski accident, the issues faced by the litigants and the court are typically duty of care and cause-in-fact of the accident. The big questions are usually what was the duty of care of each of the parties, who breached that duty of care, what was the cause-in-fact, and what harm resulted from that cause? This is where an expert can bring clarity and value to the case.
Although the above organizations have standards and guidelines that are voluntary, they can establish the duty of care, the responsibilities of the parties, and influence the decisions made by a judge and jury. Furthermore, a state’s skier responsibility or safety statute is usually generalized and does not answer specific questions, such as, “what would a reasonably prudent person or organization do in that situation?” Again, this is where an snowsports expert can perform a forensic analysis, determine the facts, clarify how the standards, guidelines, and statutes influence each other and apply to the specific situation, and provide expert opinions to answer these complicated questions.
Do you have a ski or snowsports accident or injury case where you are baffled by the acronyms or are faced with complicated questions? Are you unsure if you have a case, or just don’t know where to start? Email me at randy@snowsportsexpert.com, or just give me a call at (208) 972-4670 for a free consultation.
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