Latest posts for the topic "Six year old skier sued in Austria"

Six year old skier sued in Austria

Fri, 28 Aug 2015 19:41:38 GMT

http://www.telegraph.co.uk/news/worldnews/europe/austria/11828586/Six-year-old-girl-sued-over-Austria-skiing-accident.html

A six year old skier who 'allegedly made a sudden turn into the path of' another skier is being sued in Austria.

Re:Six year old skier sued in Austria

Fri, 28 Aug 2015 21:12:07 GMT

Crazy :( Perhaps the child should sue the adult for skiing into them from behind. I always held the belief that the responsibility is on the person who is uphill, and to pass with great care and distance where possible, especially people who are obviously learning.

Re:Six year old skier sued in Austria

Sun, 30 Aug 2015 02:44:09 GMT

I know. That was my first thought too. According to the article, the injured adult had tried unsuccessfully to sue the adult supervisors. I guess the Telegraph doesn't have all of the facts but the phrase 'allegedly made a sudden turn into the path of' strongly implies that the child was downhill.

Re:Six year old skier sued in Austria

Mon, 31 Aug 2015 13:07:48 GMT

I always slow down when there are kids about. Because there is always the likelihood that they will make a sudden turn into your path.
It's difficult to imagine how there is fault on the kids part.

Re:Six year old skier sued in Austria

Mon, 31 Aug 2015 18:54:36 GMT

Frankly I think this woman is bonkers - in this particular incident. But it will be interesting to see what any legal review comes up with. I think I heard recently that there are resorts in the USA where the blame automatically being assigned to the up-hill skier no longer applies, they take a view on exactly how the collision occurs

Re:Six year old skier sued in Austria

Mon, 31 Aug 2015 19:23:30 GMT

A downhill skier can be at fault if starting off without looking. I've seen a few near misses and the odd accident which would have been avoided with a quick glance up the slope.

Re:Six year old skier sued in Austria

Mon, 31 Aug 2015 19:54:33 GMT

I think both lie at fault here, although you can partly excuse the apparent downhill skier because of their age. In any situation, I believe that the uphill skier has the larger share of responsibility as they can avoid a collision, however downhill skiers are foolish if they do not continue as normal, as that can take away a certain amount of predictability in regards to their movements.

Re:Six year old skier sued in Austria

Mon, 31 Aug 2015 21:55:53 GMT

Interesting point of note here. This story has appeared in many places and has attracted quite a few comments. If you read the story, it makes it quite clear that the adult has suffered injuries sufficient to bring her skiing ability to an end (although that would have to be seen after any settlement).

Now what I find interesting, is that so far I have not seen a single comment of sympathy to the injured adult.

I guess it is very easy for us to jump to conclusions, so I for one would like to hope that a recovery is possible to the injured party, whoever was/is responsible for the accident. Nobody deserves to have the ability to do something they like taken away from them, even if they are the party at fault.

Re:Six year old skier sued in Austria

Tue, 1 Sep 2015 13:05:42 GMT

Far Queue, I understand your point and no, nobody presumably does not have sympathy for that, however her attitude and actions post the accident make bringing sympathy to the fore somewhat difficult don't you think?

Re:Six year old skier sued in Austria

Wed, 2 Sep 2015 20:44:23 GMT

I'm in agreement that it's a shame the adult can no longer ski, but a lawsuit against a 6 year old? Forget the skiing element, this could damage the poor kid mentally for life.

Re:Six year old skier sued in Austria

Tue, 8 Sep 2015 17:18:20 GMT

Is it even legally possible to bring a law suit against a minor ? Surely any legal action would have to be against whichever adult was in charge of the child ? I don't believe it is possible in any sensible jurisdiction to sue a 6-ear old, but maybe I'm wrong !

Re:Six year old skier sued in Austria

Wed, 9 Sep 2015 11:30:12 GMT

billip1 wrote:Is it even legally possible to bring a law suit against a minor ? Surely any legal action would have to be against whichever adult was in charge of the child ? I don't believe it is possible in any sensible jurisdiction to sue a 6-ear old, but maybe I'm wrong !

The article itself states " It appears the highly unusual case was brought after the courts dismissed an earlier attempt to sue the adult who was supervising the child at the time of the accident.

A judge will now have to decide whether the six-year-old can be held legally responsible for her actions."

Sad state of affairs methinks

Re:Six year old skier sued in Austria

Thu, 10 Sep 2015 22:37:24 GMT

Im sure this won't go anywhere, the kid cant be sued.

Re:Six year old skier sued in Austria

Sun, 13 Sep 2015 19:12:41 GMT

Sorry about her injuries, but the law suit?? Kids can be and often are assholes, they can turn without looking, and I actually had one ski into me while perfectly seeing me too, so it's extremely important to pay attention around them, better stop and let them pass rather than try to overtake. Given the injuries it sounds like the case of too fast too close. Both slower speed and distance would have given a skier time to react to avoid collision and impact.

Re:Six year old skier sued in Austria

Mon, 14 Sep 2015 04:46:54 GMT

Any law by definition should apply to all. Had the lady injured the 6 year old am sure someone would of wanted her hung or shot. Am afraid lady has every right as the aggrieved party here. Without knowing the circumstances seems clear to me that the supervising adult should be accountable based on diminished responsibilities of a minor.

Re:Six year old skier sued in Austria

Mon, 14 Sep 2015 15:49:26 GMT

As you say, "without knowing the circumstances"

Re:Six year old skier sued in Austria

Tue, 15 Sep 2015 10:34:20 GMT

The court has already dismissed the case against a supervising adult. I guess there is not much a ski instructor can do to guarantee that absolutely every kid in the group behind will follow the same line at all times. There is too little information I agree, but a sudden turn of a 6 y.o. into the path of woman was mentioned and in some German-language paper there was mentioning of a skier "in a curve" and a skier "in a schuss". Being an aggrieved party doesn't necessarily mean the right for compensation if the aggrieved party's actions contributed to injuries in the first place, though partial compensation is possible. If she was overtaking and made it known to the group her chances are higher, but if she acted based on her expectations these expectations might be deemed not reasonable enough. I do sympathize with a woman, and I think the court case won't cause a child trauma but will teach some awareness and make her follow the group in the future.