Messages posted by : ise
Profile for ise > Messages posted by ise [1815]
I don't want to get at you personally, you're just reflecting a widely held opinion but I read that you not being able to identify any reason it's dangerous. What I actually I think is the most dangerous people on the slopes are those who have not correctly identified risks or have unrealistic strategies to deal with it. I don't want to flog a dead horse but if anyone thinks they can hear a skier behind them, identify their location, speed and intention they're mistaken, it's ski equivalent of tailgating someone, you really can't brake fast enough to defeat braking distances. The strategy also isn't going to work if the snows a bit softer and/or the skier is carving nicely without scraping and rattling around. If you want to be safe the best two pieces of advice are 1) move in a predictable manner, don't make it hard for anyone behind you to avoid you, I know that might be awkward in some terrain if you're struggling but it'll make you a better skier as well. 2) look around, be like the police advanced driver have a picture in your mind of all the hazards around you, the skier at the side of the slope in front who might set off into your path, the beginner in front who might fall or miss a turn, who's behind and how quick they're going. The advanced driver is supposed to be able to give a running commentary of that sort of thing, try it skiing in your head of course ) |
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That's exactly right for minor injuries like this. If for example there were a fatality then those standards are reviewed and it's how the industry evolves in essence. So you can get a situation where something the provider does isn't negligent at that time but that later review sees can be improved, so the next person that kills someone doing the same thing would be liable. |
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don't go there :) I know this mood music is in all the tabloids but we all need to be more critical about just who sets this agenda and what their goals are. There's a lobby made up of insurance companies and commercial interests who would prefer not to be held liable for anything that happens. Without the rights you have in the UK you could be crippled carrying out your work and your employer and their insurer could just walk off leaving you unable to work with no recourse to anyone. You should be proud of the balancing act the UK system performs and not swallow the propaganda of those determined to undermine it. That said, the ad's on TV are just horrible :cry: |
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Ross is correct.
Legally it's concerning volenti non fit injuria (Latin: "to a willing person, no injury is done" or "no injury is done to a person who consents") which is a common law principle. It's not a risk free activity and this level of injury is consistent with the rough and tumble you might expect with skiing. That said current case law suggests this isn't a total defence in some cases and you can claim contributory negligence. I really don't think you're likely to make that stick. You'd need to argue that the possibility of minor injury wasn't foreseeable and that doesn't seem entirely likely or that the instructor took you onto a black slope etc., you get the drift I'm sure. It's a question you can ask yourself, should the instructor have done something different? I don't know but I'm assuming the centre don't even know it was a break so they may be sympathetic given a chance. A letter to the centre should get your money back without too much drama I'd think provided you don't start making legal threats just as goodwill. You could try citizens advice bureau (does it still exist?) for a better opinion of course. |
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just had a couple of calls to make ... |
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why is it dangerous? what danger to you am I skiing with an Ipod? What's dangerous is people who think they can hear a skier, identify their location and speed predict where they're going and react, if you think about it that's not possible. |
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I did say for off piste skiing so that would be moot. But, as I've pointed out before if you think you can hear and localise the sound of an approaching skier and react to it then you are mistaken. In fact I'd beg you not to try, it's massively dangerous, I see people do this all the time on a schuss or track, they're skiing down perfectly normally as you approach them and it would be easy to pass them and then suddenly they start veering erratically all over the place. Your chances of someone skiing into you are very, very small so you need to assume if a person is skiing faster they might be in more control not less. If you don't want to wear an iPod sometimes then don't, it's not compulsory :) |
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Profile for ise > Messages posted by ise [1815]