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Ski Resort Sued for Lifty Error

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B.Aussie
Posts: 5851 - Karma: 4,522
http://unofficialnetworks.com/perisher-valley-ordered-pay-113-million-ski-lift-incident-125589/

An Australian resort is being sued because a lady copped a chairlift arm rest to the pubic bone.

"Australia’s Perisher Valley ski resort has been ordered by a judge to pay nearly AUD $1.2 million (approximately $1.13 million US) to a Sydney area woman who was injured in a ski lift incident on July 18, 2003.

Ghita Nair-Smith, 54, was attempting to load a chairlift at Perisher but when the chair came around the safety bar was down. Both parities agree that a lift attendant swung the bar upward before Nair-Smith loaded the lift but they do not agree on what happened next.

“The ski resort contends that the lift operator raised the safety bar in time for Nair-Smith to safely occupy her seat, but that she moved out of the proper loading position when she overreacted to the situation. Nair-Smith contends that the raising of the safety bar caused the chair to begin to swing from side to side. In either event, both sides agree that the handrail on the side of the chair struck Nair-Smith between the buttocks, resulting in an injury to her groin area.

In July, Justice Robert Beech-Jones found the ski resort negligent and ordered both parties to come to terms regarding damages. Last week, after they were unable to come to a mutually agreeable figure, he awarded Nair-Smith AUD $1,192,597.50 plus interest.

The court found that the collision has prevented Nair-Smith from fully carrying out the functions of her occupation as a general practitioner. It also agreed with her contentions that the injury has resulted in a psychologic pain disorder, has interfered with sexual relations, and that she would need a house cleaner and domestic assistant for herself and her family, as well as a kitchen remodeling to accommodate her injury.” firsttracksonline.com
Oct 9 2013 2:46AM
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t_rob
Posts: 6433 - Karma: 11,458
One time, I was about to get on the lift but the bar was down so I stepped out of the way and the liftie stopped the lift. If I knew I could have gotten $1.13 milly from getting hit, you know maybe I would have not stepped out of the way? Fuck that bitch.
Oct 10 2013 9:04PM
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CART.__.
Posts: 848 - Karma: 597
Fuck her.
Oct 10 2013 11:45PM
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Dode
Posts: 349 - Karma: 1,052
What a bitch, it's her fault for not knowing how to ride the fucking chairlift
Oct 11 2013 12:41AM
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ErryB
Posts: 138 - Karma: 1,685
Australia skiing, full of gapers, one time a year skiers and a bunch of rich people who think they're the best because they own Spyder outerwear, only plus side to Australian skiing is it's mostly sunny and we have insane park at perisher
Oct 11 2013 3:02AM
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SEABURN
Posts: 4859 - Karma: 2,751
I was kinda fucked up and night skiing, same shit happened to me. I fell over, the lifty stopped the chair, I sat on said chair. I had a sore gooch for a few days, end of story.

"The court found that the collision has prevented Nair-Smith from fully carrying out the functions of her occupation as a general practitioner. It also agreed with her contentions that the injury has resulted in a psychologic pain disorder, has interfered with sexual relations, and that she would need a house cleaner and domestic assistant for herself and her family, as well as a kitchen remodeling to accommodate her injury."

seems greedy to me,
Click for larger image
the lady doesn't exactly look like a good skier, or someone who could take a fall.
Oct 11 2013 5:11AM
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pow_pow~
Posts: 1429 - Karma: 1,804
perishers park was fucked. i dont understand how he went from blackcomb which was sick this year to that.
Oct 11 2013 6:29AM
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Jonzo
Posts: 103 - Karma: 21
I once witnessed a lifty flip a the seat of the chair up (it was the end of the day) as two people were loading for what I would presume was their last run. Both of them sat down and fell right through...dangerous but hilarious at the same time.
Oct 11 2013 11:36AM
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hemlockjibber8
Posts: 5953 - Karma: 3,450
or someone who would have much for sexual relations
Oct 11 2013 3:29PM
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ErryB
Posts: 138 - Karma: 1,685
perisher's parks this year was fun, considering how much snow they had and the rain and what not, they managed to put together a good fun slope style course. Sure it's not keystone or breck but our season does only go for 4 months
Oct 18 2013 8:51AM
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lewist
Posts: 174 - Karma: 799
Now this shit again...

http://unofficialnetworks.com/man-hit-chairlift-sues-resort-317000-129870/

Sorry on mobile no link
Apr 3 2014 7:36PM
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skier58284
Posts: 1705 - Karma: 5,365
>$250,000 for pain and suffering, $40,557 in medical expenses and $26,423 in lost wages
>$316,990
Where did the other $10 come from?
Apr 3 2014 7:56PM
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lewist
Posts: 174 - Karma: 799
Frustrates me so much, how can people sue for so much because of their own incompetency
Apr 3 2014 10:31PM
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skier58284
Posts: 1705 - Karma: 5,365
murrica
Apr 3 2014 10:50PM
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doGelyst
Posts: 2491 - Karma: 508
Yet another filter to find the dumbasses in this world.

If you can't sit down or stand up from a moving chair......stop using our planet's air.
Apr 3 2014 10:57PM
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gotti
Posts: 4269 - Karma: 4,548
id let the lift drag me by the balls for 1.2
Apr 3 2014 11:03PM
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rach
Posts: 917 - Karma: 507
Yeah good call, stupid middle aged gapers are excellent indicators of how all women act.
Apr 3 2014 11:10PM
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plyswthsqrrls
Posts: 838 - Karma: 2,269
I see what you did there...

this is actually ridiculous though. You'd think that buy purchasing a pass or lift ticket it would take the resort's liability away and put the responsibility to not being a complete fucking idiot on the skier. Loopholes, loopholes everywhere
Apr 4 2014 1:31PM
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snugs
Posts: 966 - Karma: 4,090
this wont fly in america. resorts are protected
Apr 4 2014 4:03PM
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Ribss.
Posts: 3442 - Karma: 3,344
That would be a 120 million pennies.
Apr 4 2014 4:30PM
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The_Polock
Posts: 345 - Karma: 1,280
Pretty sure it says on the back of the lift ticket at my home resort that in short/different language:  If you fuck yourself up, it was at your own discretion and you cant sue the owner of the ski hill.
Apr 4 2014 4:36PM
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Miomo
Posts: 4302 - Karma: 14,131
That doesn't provide any information. From what it says, the guy could have a solid, (relatively) reasonable case.
Apr 4 2014 5:32PM
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legal
Posts: 67 - Karma: 127
the reason the damages are so high is because the court accounts for all present damages from the injury as well as all FUTURE damages resulting from it. The types of damages she got are compensatory damages in which a court attempts to compensate the lady to make her "whole" again. A.k.a. they are attempting to put her in the position she was in before the injury. These types of damages can be awarded for pain and suffering from the injury, medical bills, lost wages, future earnings/damages, and other emotional harms.

But overall one of the main reasons the damages are so high is because of attorney fees. People seek damages over and above what the actual damages were in an effort to compensate for the high expenses for attorney's. Attorney's fees are not paid by the other party (ski resort in this case). This case probably spanned over a long time, thus high costs resulted.

Also, the Juries are the one's who award the damages, not the Judge.

definitely a little odd that the didn't include the extent of her injuries or an accurate description of the incident. All of that would be in the record of the case however. But, probably won't have access to it since its in Australia. If its in U.S., anyone can gain access to court records.

sucks for the ski hill, but they will likely appeal the damages that were awarded in an attempt to reduce them

this is just how the tort system works. Also, just my understanding of it all as a law student.
Apr 4 2014 6:26PM
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legal
Posts: 67 - Karma: 127
You are right that any person who buys a lift ticket assumes the risks associated with skiing. However, that applies to reasonably foreseeable risks. Some of those would be crashing into a tree, or hitting a pole, or hitting another skier. However, the negligent act of an employee of the ski resort does not fall within this express contract.
Apr 4 2014 6:34PM
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Mr.Huck
Posts: 6096 - Karma: 14,893
When I first passed my PSIA Level III, I was pondering working in Australia for a summer. I asked another instructor what it was like. He told me that all I would teach was 1 hour private lessons all day long, and I would barely ski. That pretty much killed it for me. He also said that it was complete chaos and no rules. He described a beginner, completely out of control, flying down hill and taking out another guy. He said that the out of control guy completely separated the other guys shoulder. Out of control guys says "sorry about that mate". Guy who had just had his arm ripped out of the socket replies, "no worries". My friend said that events like this happened all the time, with similar exchanges. There was never an "I'm going to sue you, you idiot!!!!!". I'm sure he was exaggerating a little, but it was way less litigious than the U.S. was at that time. Sad that Oz has inherited some of our ambulance chasing parasites.


Obligatory lawyer joke:


How do you know when you have hired a good attorney?


...When he gets sodomy reduced to following too closely.

Apr 4 2014 6:48PM
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S.J.W
Posts: 7609 - Karma: 31,182
In a civil case in Australia there isn't a jury. All cases are public in Australia.
Apr 4 2014 6:55PM
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legal
Posts: 67 - Karma: 127
thanks for the insight!
Apr 4 2014 7:37PM
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gotti
Posts: 4269 - Karma: 4,548
winning the case and actually collecting the damages are two completely different stories
Apr 4 2014 7:52PM
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-emile-
Posts: 6610 - Karma: 8,583
did you ever see the actual injuries from that case ?
http://plotmistress.com/hot-coffee/
Apr 4 2014 8:14PM
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Mr.LemonPie
Posts: 4100 - Karma: 1,625
She did put the cup of coffee between her legs in the car, which makes her an idiot and her fault (IMO), regardless if the coffee was too hot.

But, I fully support frivolous lawsuits against major corporations. Good for her for takin a chunk out of McDicks. I always look for spills I can slip on in Walmart...
Apr 4 2014 10:01PM
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Static
Posts: 8484 - Karma: 4,033
I'd think that by selling passes to ride their chair lift they would be held responsible for any incidents occurring from their negligence.
Apr 5 2014 5:45AM
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simon1234
Posts: 2 - Karma: 14
I say this bitch should never be fucked again.

Here's the text of the judgement: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2013/727.html?stem=0&synonyms=0&query=nair-smith

BTW, in Australia judges have the ability to award opposing party's legal costs as well as court costs.

I was at Perisher last week, and the lifts had been slowed down, particularly Interceptor which is now almost completely unusable. The new Freedom Quad is also pretty slow in spite of having a "magic carpet" loading facility.

This bitch has ruined the resort for everyone, and got paid for it. I particularly like the point in the judgement where the judge agrees that the idiot was standing in the wrong place but found in her favour anyway.

I hate you, Dr Ghita Nair-Smith!
Jul 26 2014 8:02PM
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kim_jong_ill
Posts: 1019 - Karma: 3,147
This is ridiculous. However some lasting injuries have came out of loading chairlifts. I know sopmeone who partially broke a vertabrae years ago because a chair hit her and it still gives her issues. But 113 million because she hit her pubis?!
Jul 26 2014 8:56PM
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simon1234
Posts: 2 - Karma: 14
skiing_loserBut 113 million because she hit her pubis?!


You're missing a decimal point. $1.13mil
Jul 26 2014 9:38PM
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profa_212
Posts: 8620 - Karma: 32,327
JonzoI once witnessed a lifty flip a the seat of the chair up (it was the end of the day) as two people were loading for what I would presume was their last run. Both of them sat down and fell right through...dangerous but hilarious at the same time.


I have had this happen multiple times, although I always see it coming. Makes for an uncomfortable ride up that's for sure.
Jul 26 2014 9:44PM
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kim_jong_ill
Posts: 1019 - Karma: 3,147
simon1234You're missing a decimal point. $1.13mil


Haha thanks. I realized that after
Jul 27 2014 12:33AM
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toastyteenagers
Posts: 1834 - Karma: 6,793
this is an old man overreacting to a situation that should have never left the hill.
Jul 27 2014 1:34AM
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S.J.W
Posts: 7609 - Karma: 31,182
simon1234I say this bitch should never be fucked again.

Here's the text of the judgement: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2013/727.html?stem=0&synonyms=0&query=nair-smith

BTW, in Australia judges have the ability to award opposing party's legal costs as well as court costs.

I was at Perisher last week, and the lifts had been slowed down, particularly Interceptor which is now almost completely unusable. The new Freedom Quad is also pretty slow in spite of having a "magic carpet" loading facility.

This bitch has ruined the resort for everyone, and got paid for it. I particularly like the point in the judgement where the judge agrees that the idiot was standing in the wrong place but found in her favour anyway.

I hate you, Dr Ghita Nair-Smith!


yeah I noticed that too. When I got on interceptor after a morning at North P, it took me alot longer to get to onto the lift as well as getting to the top. Mt P double was closed when I was there in the first week despite having more snow than they did last year at the peak. Such bullshit. This woman pretty much fucked up the chairs for a while because she's a fuckwit.

She would probably sue if they didn't groom a run and she fell over and broke a bone and the Australian courts would still probably award her 1.13 million because they don't understand shit.
Jul 27 2014 1:59AM
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