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Demoing boards.....16 years old at the time. I call douchbaggery.

Paralyzed snowboarder gets go ahead to sue - Nova Scotia - CBC News

A young man who was paralyzed after snowboarding at Nova Scotia’s Wentworth ski hill will be able to take the ski hill and the manufacturer of the snowboard he was riding to trial, a Halifax court ruled on Wednesday.

The case centers around one day in February 2008. Michael Coady went snowboarding at Wentworth Ski Resort.


He was 16 years old at the time.

That day, snowboard maker Burton was offering free energy drinks and the chance to try their line of snowboards.

Coady signed a waiver and took the board for a trial run.

But when he entered the terrain park with the board and tried a trick, he fell and broke his neck.

He is now paralyzed and must use a wheelchair.

Coady sued Burton and Wentworth Ski Resort for negligence. He argued the snowboard maker failed to warn him about the danger of testing the board, and failed to verify his age.

Coady claimed Wentworth failed to supervise snowboarders who were testing the boards, and failed to maintain and warn boarders about the terrain park — an area of the hill that contains jumps, rails and other features for performing tricks.

The defendants argued for a summary judgment, claiming there wasn't enough evidence to go to trial. The judge dismissed that.

Earlier this year, Burton appealed.
 

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Demoing boards.....16 years old at the time. I call douchbaggery.

Paralyzed snowboarder gets go ahead to sue - Nova Scotia - CBC News

A young man who was paralyzed after snowboarding at Nova Scotia’s Wentworth ski hill will be able to take the ski hill and the manufacturer of the snowboard he was riding to trial, a Halifax court ruled on Wednesday.

The case centers around one day in February 2008. Michael Coady went snowboarding at Wentworth Ski Resort.


He was 16 years old at the time.

That day, snowboard maker Burton was offering free energy drinks and the chance to try their line of snowboards.

Coady signed a waiver and took the board for a trial run.

But when he entered the terrain park with the board and tried a trick, he fell and broke his neck.

He is now paralyzed and must use a wheelchair.

Coady sued Burton and Wentworth Ski Resort for negligence. He argued the snowboard maker failed to warn him about the danger of testing the board, and failed to verify his age.

Coady claimed Wentworth failed to supervise snowboarders who were testing the boards, and failed to maintain and warn boarders about the terrain park — an area of the hill that contains jumps, rails and other features for performing tricks.

The defendants argued for a summary judgment, claiming there wasn't enough evidence to go to trial. The judge dismissed that.

Earlier this year, Burton appealed.
Kid/family are douchebags. It's a tragic accident but this whole trend of blaming others for your stupid actions is ridiculous. Not surprising though.

It's kinda crazy how much resorts are liable for out east. This wouldn't even be a case if it happened in CO.
 

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This disgusts me. The kid singed a waiver and bought a lift ticket to the resort. If you bother to read the back of a lift ticket or any snow-related waiver, you'll know that they pretty much say you can't sue them because skiing and snowboarding are inherently dangerous sports, and you are accepting the danger by purchasing a ticket/signing the waiver.

This is horseshit. The kid went into the park on a demo board, fell, and is now paralyzed. Nobody but himself was the cause of his paralysis. He can't blame burton, because it's a demo board and he should have been smart and taken it easy, since he was unfamiliar with the board. He can't sue the ski resort, because it's his fault he chose to go into the terrain park. But he has to find someone to blame, right? :dunno:

This reminds me of the story where a woman crashed into a groomer (while racing her friend)) and got her legs chopped off, and then proceeded to sue the ski resort AND the cat company. WTF? Should I sue craftsman if I cut my toe off with a lawnmower?

These people should accept that they injured themselves, and no one else.

/rantover
 

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Kid/family are douchebags. It's a tragic accident but this whole trend of blaming others for your stupid actions is ridiculous. Not surprising though.

It's kinda crazy how much resorts and shit are liable for out east. This wouldn't even be a case if it happened in CO.
What are you talking about, CO has had people sue for stupid shit also. People ducking ropes, dying, and their families suing. It's all about trying to blame others for your stupidity or bad luck.

This particular stupidity is on the judge who said it was cool to sue them. I mean seriously "failed to warn about the dangers of testing a board," this kid is fucking retarded. I feel bad that the kid is paralyzed, but what really sucks (in my opinion) is that he is going to get the money. Burton and Wentworth are going to pay him to end the lawsuit, which will open the doors for others to follow...

This is a dangerous sport-cowboy up.
 

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As soon as the defense proves this kid has been riding that park for years, it'll be done with. Shame a Darwin Award isn't possible in this case. That kid and family are scum.
 

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It is worth an Honorable Mention.

And I don't know about the defense part, sometimes it is cheaper to payoff then to let the lawyers battle it out.
 

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Man, it is a fucking heavy price he has to pay. Burton, ski area are definitely not at fault. What a tough pill to swallow though. Douche bag kid eh? What would be a good penalty? Paralysed from the neck down? Jesus.

Sorry it happened to him. Probably not going to get far with this one. This is just going to be more heartache.

Paralysed. Fuck me...
 

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What are you talking about, CO has had people sue for stupid shit also. People ducking ropes, dying, and their families suing. It's all about trying to blame others for your stupidity or bad luck.

This particular stupidity is on the judge who said it was cool to sue them. I mean seriously "failed to warn about the dangers of testing a board," this kid is fucking retarded. I feel bad that the kid is paralyzed, but what really sucks (in my opinion) is that he is going to get the money. Burton and Wentworth are going to pay him to end the lawsuit, which will open the doors for others to follow...

This is a dangerous sport-cowboy up.
Actually Marshall is dead on with this one. It would not go far. You can look back at the last ten-twenty years,ost cases like this are done at the hearing/discovery phase. The most recent ones are a bit different. Negligence is the one thing resorts are responsible for, with these avalanche related deaths inbounds, there is some argument of that.

I don't think there is much of a case the Vail or Winterpark incidents, but these are not the standard case either. Imo, the WP case is probably a stronger one for the plaintiff than Vail. Then again I am not a lawyer so take my thoughts with a bag of salt.

Sent from Verticalsports.com Free App
 

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This kid falsely presented himself and signed a waiver pretending to be an age he's not. Why isnt the liability on him 100%. I feel bad for the injury he suffered but all he is doing is going after deep pockets. I don't feel D-bag is a false claim.

I demoed a park board last year and if wasnt detuned obviously and I ate it on a corregated pipe, road rashed my face pretty good if anyone remembers the pics from last year. I never thought to blame the shop that let me use the board.
It was my fault for not having the fore thought to hit some park features with super sharp edges. I was so excited to demo this board I thought I really wanted super sharp edges were the last thing I thought of.
 

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Calm down everyone
You can sue for anything... nothing to stop you.
Now just because you can sue, doesn't mean anything is going to happen
 

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All this kid has done is win the right to sue. To my understanding, all that means is that the court has decided that this isn't a frivolous lawsuit.

He's claiming negligence for the lack of supervision in the terrain park, for staff failing to check his age and for a lack of warning about something. While I don't think he'll win, failing to check his age for the waiver is probably a big enough deal that court decided his case had a serious enough argument to be allowed to go forward.

I assume his argument is sort of like a car dealership letting a 10 year old test drive a car without verifying that they have a valid driver's license.

Unfortunately, at the end of the day, this is probably the only chance his family has got....not many 16 year olds carry disability insurance. I don't think I'd be calling anyone a douchbag, I think I'd call them desperate.
 

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This probably won't even make it to court.
The companies lawyers will show them he has signed, is a regular at the mountain, so on so on so on.... they say "if we goto court you will have to pay approximately xXXXX for our fees"
Done
Only way they'll goto court is if burton or the mountain made the kid demo and go up the mountain and attempt the trick... like "Hey can we get a video of you on this board, doing this trick?"
 

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It's poor taste to sue for that. Period. I'd hope the resort or some non profit group kinda helps out the kid a little. I'm sure it's more the parents trying to make a buck off their their sons misfortune.

I wouldn't wish his accident on anyone, but it happens. How does Canada handle disabled people anyway?

Douchebag was rash, but it's not right.
Much like this link that was in the comments.

http://http://sci.rutgers.edu/forum/archive/index.php/t-45860.html

2.9 million awarded? that's excessive.
 

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Well i'm sure they're just trying to cover bills to be honest
Wheelchairs and outfitting your house to be wheelchair firendly is really expensive.... im' sure if they have a decent case that's what they will settle for
 

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I'm sure somewhere in the waiver it states you need to be 18 yrs+ to demo their boards. Burton may have failed to check his age but at what point does the kid take responsibility? Many times I lied to get M rated games when I was only 12, I'm sure if management found out the employee would get in trouble but am I not also to blame for knowingly deceiving them? Can't know for sure but a part of me thinks he knew it was supposed to be 18 yrs old but didn't speak up because freeeee demo boarddddd session.

The last time Burton was up at our mountain to do demo's, the waiver clearly said that the individual needed to be minimum 18 years of age along with the other legal mumbo jumbo. I don't think the whole "I didn't know because I didn't read it" will get you far in court, as that shows ignorance for not spending 2 mins to read a paper.

My company has been sued multiple times for people not carefully reading a contract they signed and then getting pissy about it. The lawyers just bring up the signed contract with their signature below the "I have fully read and understood the terms and conditions etc" and it's case closed.
 

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Don't forget that liability waivers aren't always bulletproof. They don't always hold up in court and the kid being underage just complicates things even more.

Even though Burton would likely win the case, it'll probably be cheaper and less effort for them to settle the case out of court by throwing a small sum of money at the family. That's just how the legal system works unfortunately.
 

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As someone who IS suing another party, i understand, but there is liability and stupidity, and this is a liability held wholly by the "child" who decided to deceive to obtain something for free, even if it was only a temporary situation.

Could Burton have him charged with obtaining by deception...??? If a criminal act is committed that would surely leave him no case to claim...!!!

My case is slightly different, i am suing a housing management company for failing to maintain a property, the long and short of it is, i bought a property that had emergency lighting that was never connected, and due to a problem with the lights constantly tripping out, it was always dark, however, i complained 37 times over a period of 37 months, and they still denied i had raised it as an issue and 5 years later have not settled, although they have admitted liability now... What the payout will be is another matter, as i still have ongoing pain, discomfort, sleepless nights, can't sit for periods, etc etc, but i have got on with my life, and whatever they pay will not make up for the pain i went through... Or the future discomfort...
 

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"being responsible" and "being liable" are very different. A 16 year old can be held responsible for his decisions, but is rarely LEGALLY liable for them.
 

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Don't forget that liability waivers aren't always bulletproof. They don't always hold up in court and the kid being underage just complicates things even more....
^this^

I have no comment on the merits or lack of regarding the kids case, but with the kid being underage, that does complicate any contractual agreement.

I know I was actually shocked when I bought my first board from REI and I had to sign a liability waiver to purchase certain snowboarding gear!!! I thought WTF? I get doing that for renting out equipment, but for buying Boots??? :blink:
 
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