Jennifer Flowers went to Happy Mountain Ski Resort in New York with a friend. Jennifer was snow-tubing down a snow-tube run designed exclusively for snow tubers. There were no Happy Mountain employees present in the snow-tube area to instruct Jennifer on the proper use of a snow tube. On her fourth run down the trail, Jennifer crossed over the center line between snow-tube lanes, collided with another snow tuber, and was injured. Jennifer filed a negligence action against Happy Mountain seeking compensation for the injuries that she sustained. Two years earlier, the New York state legislature had enacted a statute that prohibited a person who participates in the sport of skiing from suing a ski-area operator for injuries caused by the risks inherent in skiing. Using the information presented in the chapter, answer the following questions.
What defense will Happy Mountain probably assert?
The central question in this case is whether the state statute establishing that skiers assume the risks inherent in the sport bars Jennifer's suit. What would your decision be on this issue?
Suppose that the court concludes that the statute applies only to skiing and does not apply to snow tubing. Will Jennifer's lawsuit be successful? Explain.
Now suppose that the jury concludes that Jennifer was partly at fault for the accident. Under what theory might her damages be reduced in proportion to the degree to which her actions contributed to the accident and her resulting injuries?
Learning Activity #2
Sasha: The Case of the Drunk Driver,
Sasha is bartending at The Set'em Up, a nearby pub, because her new song isn't selling very well. She sees Joe-Lo, a regular customer at The Set'em Up, is clearly intoxicated. He asks her for one more round of drinks before he leaves. Not wanting to offend him in case he wants to collaborate with him on her next album, Sasha serves him, saying, "Let's make this the last round." Twenty minutes later, Joe-Lo leaves the bar to go home. Just after Joe-Lo pulls his car onto the highway, he swerves and hits another car head-on. Joe-Lo and the driver of the other car are seriously injured.
State the duty
Look for the breach
Did defendant's conduct cause the plaintiff's harm?
What damages does defendant owe the plaintiff?
What do you think? Is Sasha responsible for the accident? Should Joe-Lo be able to sue her and collect damages? Should the other driver?