Ski Resort Liability And Assumption Of Risk
Sam was vacationing at a local ski resort. While skiing down a groomed run, he noticed an ungroomed area extending into the woods. At the entrance to this area, two red sticks were crossed in an upright X. Out of curiosity, Sam decided to ski past the markers and into the woods. Shortly after entering, he fell into a snow-covered crevice. Although he was rescued quickly, Sam suffered hypothermia and frostbite on his toes. If Sam sues the resort for his injuries, what is the most likely outcome?
ANo, he will lose because private recreation facilities are granted absolute immunity from personal injury lawsuits.
BYes, he will win because the resort was required to post a detailed sign explaining the specific dangers of the area.
CNo, he will lose based on the insanity defense, as leaving the groomed area constitutes irrational behavior.
DYes, he will win because the resort is strictly liable for injuries sustained by paying patrons.