Maison Law represents victims injured in a snowboarding accident in Big Bear. Snowboarding accidents typically occur when a person, property owner, company, or government entity fails to maintain a safe environment, and someone gets hurt. However, snowboarding accidents can happen for numerous reasons when someone is careless. And by law, you are entitled to compensation if your injuries were a result of another person’s carelessness.
The attorneys at Maison Law are here to protect victims in snowboarding accidents. We offer our legal support to snowboarders in Big Bear because, unfortunately, snowboarders are often blamed for accidents, leaving them with no way to receive compensation after they’ve been injured.
But at Maison Maison Law, we ensure snowboarders are fully compensated and protect them from liability. To see what legal options are available for your situation, contact Maison Law today for a no-fee, no-obligation consultation.
Do I Need a Lawyer for a Snowboarding Accident in Big Bear?
Yes, it is recommended to consult with an attorney after being injured while snowboarding. After an injury, most victims will be offered a quick settlement by the insurance company. But what most victims don’t understand is that an initial settlement offer does not typically cover the extent of your damages. Our attorneys at Maison Law will hold the insurance company liable for the full extent of your damages if your injury caused you to need medical treatment or miss time at work. At Maison Law, we aggressively pursue compensation for injured snowboarding accident victims for the following damages:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
Do Liability Waivers Cover Assumption of Risk When Snowboarding?
Liability waivers are common in recreational activities like snowboarding. If you’ve ever snowboarded on a public or privately owned mountain, you’re knowingly agreeing to the “assumption of risk,” that comes along with snowboarding and are voluntarily participating in a physical activity where injuries can occur.
Even though an assumption of risk applies to most activities, companies will usually require you to sign a liability waiver to protect themselves from being sued. For example, if you were to purchase day passes to snowboard at a specific resort, they would most likely have you sign a liability waiver before you’re permitted to snowboard. A liability waiver generally covers:
- Assumed risks: the voluntary assumption of risk clause states participants understand and voluntarily assume the risk, both known and unknown, associated with gym activity.
- Inherent risks: includes a list of risk-associated activities snowboarders normally engage in.
- Liability waiver release: this clause releases the resort, or land-owner, and all its associates, from liability if a participant seeks damages
Can You Still Sue After Signing a Liability Waiver?
Filing a lawsuit against the responsible party can be complicated if you’ve signed a liability waiver. However, exceptions to liability waivers do exist if:
- A business or property owner violates California or federal law
- The terms of the contract are unethical, or morally wrong
- The person who had you sign the waiver used fraud, or misrepresentation to get you to sign the waiver
- You signed the waiver under duress
- You were injured due to gross negligence – when someone was injured intentionally, or an obvious danger was ignored and caused someone harm.
Proving any of these violations can be difficult, which is why it is recommended to consult with a Personal Injury Lawyer at Maison Law about legally overcoming an assumption of risk and liability waiver.
Limitations of the Assumption of Risk Doctrine in California
The Assumption of Risk Doctrine protects individuals, property owners, and business owners from being sued by those engaging in a dangerous activity, but there are limitations to how much protection is offered. For example, let’s say a person is injured while competing in a flag football league. Under the Assumption of Risk Doctrine, they cannot sue the flag football league for damages. However, certain aspects of the injury may overrule the doctrine and allow them to sue for damages.
What if an opponent intentionally sought to harm and injure this player? What if the field was not maintained or kept in good condition to prevent injuries? These are risks that a person cannot assume, which may allow them to sue the liable parties for damages even though they engaged in a dangerous activity.
Inherent Risks of Snowboarding
California’s Inherent Risk doctrine implements a legal presumption of risk that snowboarders are aware they’ll face when engaging in this activity. Inherent risks of snowboarding can include:
- Weather conditions
- Snow or ice conditions
- Collisions with stationary objects or other snowboarders
However, resorts, property owners, individuals, or manufacturers can be held liable if they fail to take proper precautions to protect others from harm. This can apply if a snowboarding accident was caused by the following:
- Unsafe or malfunctioning ski lifts
- Mistakes or carelessness by ski lift operators
- Defective ski equipment
- Lack of warning for known dangers
- Lack of markers denoting ski area boundary
- Poor slope maintenance
In these cases, the inherent risk doctrine may not apply. To understand your legal options, please do not hesitate to contact one of the attorneys at Maison Law to discuss the details of your case free of charge.
Snowboarding Accidents and Product Liability Claims
Serious injuries can occur when sports equipment, like a snowboard, unexpectedly breaks or malfunctions while being used for its intended purpose. For example, a snowboard could be poorly made, resulting in broken bones or a head injury if the defective product causes someone to have an accident on the slopes. While some may believe the resort or property owner would be responsible in this case, the issue of carelessness may lie with the company that made the equipment, or the person who sold a defective snowboard.
California recognizes strict product liability claims for products, such as sports equipment, that are alleged to be:
- Sold with a manufacturing defect
- Defective in design
- Defective due to inadequate warnings or instructions
According to the California Supreme Court, any person whose injuries were reasonably foreseen may bring a product liability claim against a manufacturer or distributor. This is applicable in the case of Elmore v. Am Motors Corp (1969), which essentially states that a distributor is directly liable to anyone who is injured by their defective product because they’re responsible for making the product available to the general public. No direct relationship needs to exist between the liable and injured parties, so a plaintiff does not need to be the actual purchaser of the defective product to file a personal injury lawsuit.
Warning Labels Are Required to Prevent Sports Equipment Injuries in California
When it comes to warning labels on sports equipment, California requires the following:
- Warning labels are visible: warnings on dangerous products need to be visible and clearly marked on the packaging.
- Warnings are clearly worded: warnings on products need to be clearly written so consumers understand the dangers posed by the product and what harm may come of it.
- Warnings prevent potential harm: warning labels should inform consumers of potential harm and suggest steps to prevent harm. An example of this would be a product containing harmful chemicals. A warning label may address the dangerous chemicals and instruct users to not inhale them or allow them to touch their skin.
An example of improper warning labels on sports equipment, leading to injuries would be a case involving collapsible jumping hurdles. In this case, a person was jumping collapsible hurdles at the gym. The collapsible function is intended to prevent the jumper from being hurt if they do not clear the hurdle. However, in this scenario, a jumper failed to clear the hurdle and took a nasty fall because the hurdle did not collapse as intended. This caused the jumper to fall awkwardly and seriously injure themselves.
In this case, there were no warning labels against potential harm or instructions on addressing a non-collapsing hurdle. A lawsuit was filed and settled for a substantial sum on behalf of the jumper. New warning labels were also created for this product to prevent other victims from injuring themselves in a similar fashion.
Contact Maison Law | Big Bear Personal Injury Lawyers
If you or a loved one has been injured in a snowboarding accident in Big Bear, our team of personal injury attorneys at Maison Law can help. Our firm will investigate the circumstances of your accident and gather evidence to reach a successful settlement for your case.
Contact Maison Law today for a free, no-risk case consultation and case evaluation. No upfront money is required and you don’t pay a dime until your case is won.
