Former Skier Sues the Summit and Wins $14 Million
Well, so much for the ol' "jury of your peers" principle, because we're pretty sure if any skiers, snowboarders, or general outdoor sports people were on the jury at this trial, they would not have awarded Kenny Salvini $31 million because he crashed off a jump at Snoqualmie. That's the amount of the original award from the jury, yet somehow the judge decided that $17 million was the amount relevant to Salvini's role in the whole situation, and adjusted the final amount down to $14 million. Is that how ski resorts will operate? A skier or snowboarder signs a waiver when they buy a ticket that they accept the risks, but then when something happens they get to only accept half of the risks? What if Salvini had hit a tree instead, would the lawyers have argued that the trees weren't thinned enough, and so Salvini didn't have a fighting chance? Or, in the words of an acquaintance of ours who is a snowboarding instructor:
Yeah, it's horrible that the guy got hurt, but did the ski area make him hit the jump? It's a bunch of BS in my opinion. If you decide to huck yourself off something, own up to the fact that you might get hurt. I've seen numerous poorly shaped jumps and said I'm passing on this one. It's more about riding with in your own abilities and judging for yourself whether something looks doable or not.
A previous California lawsuit in 2002 awarded the defendant, paralyzed from the waist down after crashing on a jump, over $9 million. In that case as well as this one, the prosecuting lawyer argued that the jump was not well built, that there were problems with it. What no-one involved seemed to understand is that there is no perfect jump--even jumps (either on snow or dirt) built to the most stringent of specifications cannot account for how a person approaches it. Too fast and you skip the transition entirely, too slow and you could land on the edge of the jump; either one can have unpleasant and dangerous results. A person has to know their own limits and if they plan to hit a jump that will send them "37 feet in the air" (the words of the attorney) then it is their responsibility to look at the jump and decide if they are capable of safely hitting it, including how it is built. If not, they need to pass by. A key element of the prosecution's case appears to be that others were hurt on the same jump, and yet as far as we know, none of them have sued.
Salvini's situation is tragic (please do not mistake criticism of his decision to sue with a lack of empathy), but what is particularly sad in our mind is that an event which should prompt conversations regarding personal choice, responsibility for our actions, and the nature of health care in our country (Salvini's lifetime health care costs are projected to be at least $23 million) could instead turn into a witch-hunt against the outdoors industry. Ski resorts are not generally bottomless money troughs--in recent years some have barely managed to scrape by. Ticket prices will continue to rise in order to cover for future scenarios like this, while landowners and terrain parks will be even more gun shy about building jumps and other features that people increasingly want. America: we pay to play, and then make someone else pay when it stops being fun.
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