Utica, NY asked in Personal Injury for New York

Q: In January 2020 I was skiing at a mountain in NY that I have skiied at for 58 years. I was in a very bad accident.

THIS resulted in significant injuries. I had a tibial plateau fracture, meniscus and complete tear of mcl. I was in control and at a reasonable speed when I hit a large dip that I never saw. To some ski patrols this area is referred to as "the victim hole". It through me very high in the air. I've had 2 surgeries, much PT, and still in pain; my trauma surgeon said my leg will never be the same. Do I have a case against McCauley Mt. Thank you.

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2 Lawyer Answers
Jonathan Bradford Ripps
Jonathan Bradford Ripps
Answered
  • New City, NY
  • Licensed in New York

A: First, I’m very sorry about your injuries, they sound terrible and painful. You raise a very good question. The main issue is whether the condition was negligent or not. Based upon your representations, it appears that the facility had knowledge of the issue. There are many factors that need to be considered prior to making any determination if you have a cause of action. I would highly suggest you consult with an attorney. This would be a very challenging case without documentation or photographs, but it is certainly something you can explore.

Best of luck,

Jon

Jonathan R. Ratchik
Jonathan R. Ratchik
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: So sorry to hear about what happened to you. It sounds like you suffered a very significant injury. Unfortunately, from what you've described, it does not sound like McCauley Mountain would any bear liability, i.e. legal responsibility, for your injury. Although McCauley had a duty to maintain its mountain (and ski slopes) in a reasonably safe condition, you assume certain risks by engaging in the sport of downhill skiing. The trial map for McCauley even lists some of them, including "trees, uneven terrain, bare and/or icy spots, natural and man-made objects, snowmaking equipment and vehicles, and other skiers and snowboarders. IF YOU CANNOT ACCEPT THISE INHERENT RISKS, PLEASE DO

NOT SKI McCAULEY MOUNTAIN." Unless McCauley did something to increase the risks normally associated with downhill skiing, it would not be responsible for your injury despite its knowledge of the "victim hole."

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