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<title>Latest posts for the topic "Sad news and in need of advice"</title>
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<description>Latest messages posted in the topic "Sad news and in need of advice"</description>
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<title>Sad news and in need of advice</title>
<description> Me and my OH went to a dry slope for the first time last Saturday, unfortunately on her first run she fell over and broke her wrist in two places. :( I carried on with my lesson and fell over too without hurting myself. At the time the instructor wanted her to carry on the lesson and because she felt that she could recover quickly we have booked  a private lesson for next saturday morning so she could catch up, and then she would join in the course later in the day. However yesterday afternoon her wrist showed some bruising and we decided to go the hospital where she got an x-ray taken and her arm plastered, and will now be imobilized for 6 weeks at least, she's now put off skiing for life, and very concern that it might affect her ability to work, she's a dentist and her work is all done with her right hand (the one she broke). &lt;br /&gt; &lt;br /&gt; I'll be using the money we didn't spent on the dry slope on lessons for me although I have already cancelled my holidays and we are trying to change it to a summer holiday. If i didn't use the money the dry slope would charge me 15% on cancellation fees. &lt;br /&gt; &lt;br /&gt; Now we have an issue and I'l like if someone could help, she fell over on her first run on her first lesson while we were with the instructor. The disclaimer below can be found on the dry slope booklet, but I'm assuming that the instructor has some sort of insurance to cover her hospital fees and so on...am I right in thinking that? &lt;br /&gt; &lt;br /&gt; &quot;......Accepts no claim for injuries whilst on the centre facilities...&quot;&lt;br /&gt; &lt;br /&gt; Where I can accept this the case if you are using the recreational facilities I disagree that this is the case if you are learning. &lt;br /&gt; &lt;br /&gt; Any opinions please?  &lt;br /&gt; &lt;br /&gt; </description>
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<pubDate>Mon, 8 Dec 2008 13:29:03 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> You need to speak to a lawyer.  Of course the instructor has public liability insurance on part of whatever body they are a member of, CSIA for example covers me publicly (only at ski schools recognised by them) and I believe BASI has similar insurance.  &lt;br /&gt; &lt;br /&gt; Do you really think it is the instructors fault that your wife was injured or that he should be liable &lt;b&gt;in any way&lt;/b&gt; for it?  Why were there hospital fees?  I understand it is bad that she is hurt but it could have happened just as easily when skiing on your own.</description>
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<pubDate>Mon, 8 Dec 2008 13:32:45 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> Why does everything have to be somebodies fault? I am very sorry for your wife and hope it wont interfere with her work but surely you need your own insurance to cover your own risks. Maybe your own personal insurance might cover this. Have a look at the small print.</description>
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<pubDate>Mon, 8 Dec 2008 13:44:08 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> Ross is correct.&lt;br /&gt; &lt;br /&gt; Legally it's concerning volenti non fit injuria (Latin: &quot;to a willing person, no injury is done&quot; or &quot;no injury is done to a person who consents&quot;)  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.&lt;br /&gt; &lt;br /&gt; 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. &lt;br /&gt; &lt;br /&gt; You could try citizens advice bureau (does it still exist?) for a better opinion of course.</description>
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<pubDate>Mon, 8 Dec 2008 13:51:12 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> &lt;blockquote&gt;
			&lt;div&gt;
				&lt;cite&gt;Karen Teare wrote:&lt;/cite&gt;Why does everything have to be somebodies fault? I am very sorry for your wife and hope it wont interfere with her work but surely you need your own insurance to cover your own risks. Maybe your own personal insurance might cover this. Have a look at the small print.&lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; 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.&lt;br /&gt; &lt;br /&gt; That said, the ad's on TV are just horrible  :cry: </description>
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<pubDate>Mon, 8 Dec 2008 13:56:31 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> Very sorry to hear your news David. Hope she has a good recovery. The degree of liability of centres and instructors in adventure sports is always contentious and people have strong opinions. Generally an instructor must deviate from industry standards to be negligent.&lt;br /&gt; &lt;br /&gt; Do any ski instruction programs teach people to fall as part of a beginner lesson ? I know the incidence of arm injuries is higher in snowboarding, but practicing falling safely is standard for boarders. &lt;br /&gt; &lt;br /&gt; Trencher</description>
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<pubDate>Mon, 8 Dec 2008 13:58:34 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> CSIA touches on it.  Try not to resist and &quot;everyone falls&quot; are the underpinnings I guess, any advice given on how to fall could leave yourself wide open to liability-&quot;He told how to fall, I did it his way and broke my wrist&quot;.</description>
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<pubDate>Mon, 8 Dec 2008 14:02:38 GMT</pubDate>
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<description> &lt;blockquote&gt;
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				&lt;cite&gt;Trencher wrote:&lt;/cite&gt;Very sorry to hear your news David. Hope she has a good recovery. The degree of liability of centres and instructors in adventure sports is always contentious and people have strong opinions. Generally an instructor must deviate from industry standards to be negligent.&lt;br /&gt; &lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; 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.</description>
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<pubDate>Mon, 8 Dec 2008 14:03:28 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> &lt;blockquote&gt;
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				&lt;cite&gt;ise wrote:&lt;/cite&gt;&lt;br /&gt; 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.&lt;br /&gt; &lt;br /&gt; That said, the ad's on TV are just horrible  :cry: &lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; Well said. There will always be cases that seem silly, but even in the States, the system works.&lt;br /&gt; &lt;br /&gt; Trencher</description>
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<pubDate>Mon, 8 Dec 2008 14:08:03 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> &lt;blockquote&gt;
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				&lt;cite&gt;RossF wrote:&lt;/cite&gt;CSIA touches on it.  Try not to resist and &quot;everyone falls&quot; are the underpinnings I guess, any advice given on how to fall could leave yourself wide open to liability-&quot;He told how to fall, I did it his way and broke my wrist&quot;.&lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; Who knows, but all the martial arts teach falling and I don't know that there has been a problem.&lt;br /&gt; &lt;br /&gt; Trencher&lt;br /&gt; </description>
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<pubDate>Mon, 8 Dec 2008 14:11:58 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> &lt;blockquote&gt;
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				&lt;cite&gt;Trencher wrote:&lt;/cite&gt;&lt;br /&gt; &lt;br /&gt; Well said. There will always be cases that seem silly, but even in the States, the system works.&lt;br /&gt; &lt;br /&gt; Trencher&lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; yes, it's ironic, the tabloids tell us that the UK is importing some mad claim culture from the US but in truth it's actually importing vigourous lobbies trying to destroy peoples rights.</description>
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<pubDate>Mon, 8 Dec 2008 14:23:12 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> &lt;blockquote&gt;
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				&lt;cite&gt;ise wrote:&lt;/cite&gt;&lt;blockquote&gt;
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				&lt;cite&gt;Karen Teare wrote:&lt;/cite&gt;Why does everything have to be somebodies fault? I am very sorry for your wife and hope it wont interfere with her work but surely you need your own insurance to cover your own risks. Maybe your own personal insurance might cover this. Have a look at the small print.&lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; 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.&lt;br /&gt; &lt;br /&gt; That said, the ad's on TV are just horrible  :cry: &lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; Well said that man.  &lt;br /&gt; &lt;br /&gt; I refuse to get embroiled in a discussion on the point as I'm afraid that I am one of &quot;those&quot; solicitors (but only for another 10 days) however Karen I am sure that if the shoe was on the other foot and a serious accident befell you and you thought it was as a result of the negligence of another party you would do something about it.  &lt;br /&gt; &lt;br /&gt; Who are we to dictate that a person with a broken arm shouldn't be allowed to make a claim for compensation but someone rendered paraplegic should.....  Anyway enough of me on my soap box.   :roll:</description>
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<pubDate>Mon, 8 Dec 2008 14:41:40 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> it is possible for &lt;a href=&quot;http://www.thisisplymouth.co.uk/news/Skier-left-paralysed-wins-case-instructor/article-475905-detail/article.html&quot; target=&quot;_new&quot; rel=&quot;nofollow&quot;&gt;an instructor to be held liable&lt;/a&gt;.  But there is nothing in the opening post which suggests that the dry-slope instructor took his 'eye off the ball'.&lt;br /&gt; &lt;br /&gt; Commiserations to the afflicted lady - sometimes one is just unlucky.  :( </description>
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<pubDate>Mon, 8 Dec 2008 15:02:03 GMT</pubDate>
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<description> &lt;blockquote&gt;
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				&lt;cite&gt;ise wrote:&lt;/cite&gt;....&lt;br /&gt; 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. &lt;br /&gt; &lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; That's terrible news David. I hope she will recover quickly ... it will just seem like a long time.&lt;br /&gt; &lt;br /&gt; As ise says, the centre will most likely refund your money under the circumstances.  A lot of their business comes from word of mouth and goodwill.  They don't want to be known for such accidents or unhappy customers.&lt;br /&gt; &lt;br /&gt; Mike</description>
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<pubDate>Mon, 8 Dec 2008 15:06:26 GMT</pubDate>
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<title>Re:Sad news and in need of advice</title>
<description> It's tough luck on the lady concerned, but a fall is an accident and could happen to anyone. It would be very difficult to prove negligence for a broken wrist, but easier for an incorrectly adjusted binding causing an injury.  &lt;br /&gt; &lt;br /&gt; With regards to potential loss of earnings, as a dentist the lady will be quite well paid (or should I say very well paid!!!). As a well educated person she should have had the foresight to put in place protection of her earnings in the event of incapacity knowing that her ability to earn could be affected by a relatively minor injury.&lt;br /&gt; &lt;br /&gt; Sorry, but not much sympathy here regarding potential action against the instructor, although plenty of sympathy for the hurt the accident has caused.&lt;br /&gt; &lt;br /&gt; </description>
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<pubDate>Mon, 8 Dec 2008 15:52:21 GMT</pubDate>
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<description> Sorry to hear about your better half fella. Ive just joined snowsports uk so I can be a level 1 instructor and part of the joining fee goes on insurance but i dont know to what extent yet.&lt;br /&gt; &lt;br /&gt; Was you taken to far up the slope or was it just one of those accidents that happen as we all fall at some time or other.</description>
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<pubDate>Mon, 8 Dec 2008 16:02:52 GMT</pubDate>
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<description> Just to try and answer to some questions and clarify some things. I've never said at any point that it was the instructors fault. &lt;br /&gt; &lt;br /&gt; The accident was...&lt;br /&gt; &lt;br /&gt; 10 minutes into the lesson, step up to half the slope ski to the midlle turn around facing the bottom of the slope, start to ski down....CRASH&amp;gt;&amp;gt;&amp;gt;&amp;gt;&amp;gt; and she was sitting on her bottom. &lt;br /&gt; &lt;br /&gt; I have spoken to the dry slope owner and he's reluctant in giving her the money back, he even charge her for her first lesson although she fell off 10 minutes into it. &lt;br /&gt; &lt;br /&gt; Just to clarify I'm not the kind of person that goes off trying to get compensation out of everything in life, this was bad luck and I was looking for some info. &lt;br /&gt; &lt;br /&gt; Update: She was concerned that her wrist was permanently damaged and that she may had to face surgery, turns out she will need to wear the plaster for 4 weeks and then she will be able to return to work. </description>
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<pubDate>Mon, 8 Dec 2008 17:45:55 GMT</pubDate>
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<description> &lt;blockquote&gt;
			&lt;div&gt;
				&lt;cite&gt;Dorset Boy wrote:&lt;/cite&gt;It's tough luck on the lady concerned, but a fall is an accident and could happen to anyone. It would be very difficult to prove negligence for a broken wrist, but easier for an incorrectly adjusted binding causing an injury.  &lt;br /&gt; &lt;br /&gt; With regards to potential loss of earnings, as a dentist the lady will be quite well paid (or should I say very well paid!!!). As a well educated person she should have had the foresight to put in place protection of her earnings in the event of incapacity knowing that her ability to earn could be affected by a relatively minor injury.&lt;br /&gt; &lt;br /&gt; Sorry, but not much sympathy here regarding potential action against the instructor, although plenty of sympathy for the hurt the accident has caused.&lt;br /&gt; &lt;br /&gt; &lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; I never said she needed protection on her income and I never mentioned any action agaisnt the instructor, the only reason i've mentioned her profession was so I can highlight the effect on her work, she could be a painter, or a typist, it would affet them in equal way. </description>
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<pubDate>Mon, 8 Dec 2008 17:48:35 GMT</pubDate>
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<description> &lt;blockquote&gt;
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				&lt;cite&gt;davidmpires wrote:&lt;/cite&gt;Just to try and answer to some questions and clarify some things. I've never said at any point that it was the instructors fault. &lt;br /&gt; &lt;br /&gt; The accident was...&lt;br /&gt; &lt;br /&gt; 10 minutes into the lesson, step up to half the slope ski to the midlle turn around facing the bottom of the slope, start to ski down....CRASH&amp;gt&amp;gt&amp;gt&amp;gt&amp;gt and she was sitting on her bottom. &lt;br /&gt; &lt;br /&gt; I have spoken to the dry slope owner and he's reluctant in giving her the money back, he even charge her for her first lesson although she fell off 10 minutes into it. &lt;br /&gt; &lt;br /&gt; Just to clarify I'm not the kind of person that goes off trying to get compensation out of everything in life, this was bad luck and I was looking for some info. &lt;br /&gt; &lt;br /&gt; Update: She was concerned that her wrist was permanently damaged and that she may had to face surgery, turns out she will need to wear the plaster for 4 weeks and then she will be able to return to work. &lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; thank goodness it's not going to be a long term problem!&lt;br /&gt; &lt;br /&gt; I'm surprised at the slope, that's not good business although I suppose times are hard.</description>
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<pubDate>Mon, 8 Dec 2008 17:49:59 GMT</pubDate>
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<description> &lt;blockquote&gt;
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				&lt;cite&gt;ise wrote:&lt;/cite&gt;&lt;blockquote&gt;
			&lt;div&gt;
				&lt;cite&gt;davidmpires wrote:&lt;/cite&gt;Just to try and answer to some questions and clarify some things. I've never said at any point that it was the instructors fault. &lt;br /&gt; &lt;br /&gt; The accident was...&lt;br /&gt; &lt;br /&gt; 10 minutes into the lesson, step up to half the slope ski to the midlle turn around facing the bottom of the slope, start to ski down....CRASH&amp;gt&amp;gt&amp;gt&amp;gt&amp;gt and she was sitting on her bottom. &lt;br /&gt; &lt;br /&gt; I have spoken to the dry slope owner and he's reluctant in giving her the money back, he even charge her for her first lesson although she fell off 10 minutes into it. &lt;br /&gt; &lt;br /&gt; Just to clarify I'm not the kind of person that goes off trying to get compensation out of everything in life, this was bad luck and I was looking for some info. &lt;br /&gt; &lt;br /&gt; Update: She was concerned that her wrist was permanently damaged and that she may had to face surgery, turns out she will need to wear the plaster for 4 weeks and then she will be able to return to work. &lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; thank goodness it's not going to be a long term problem!&lt;br /&gt; &lt;br /&gt; I'm surprised at the slope, that's not good business although I suppose times are hard.&lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; Yeah Ise we are glad and works out fairly ok, because during xams and NYE everyone runs away from dentists  :-) &lt;br /&gt; &lt;br /&gt; Oh I have some ski clothing never used with the tags still on, I'll be doing a separate post for that. But I can say that we have 2 DARE2Be jackets, 2 googles, 2 pairs of salopettes. pm me if you are interested. &lt;br /&gt; &lt;br /&gt; I'll post some pics over the weekend. &lt;br /&gt; &lt;br /&gt; </description>
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<pubDate>Mon, 8 Dec 2008 17:54:07 GMT</pubDate>
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<description> Was this just an elaborate lie to give grounding to your sale of goods?  &lt;br /&gt; &lt;br /&gt; &lt;br /&gt; On a serious note I am glad she is ok and her work will not be effected/affected? by the incident//</description>
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<pubDate>Mon, 8 Dec 2008 18:00:17 GMT</pubDate>
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<description> David, thats really bad luck. Glad to hear the injury is not so bad though.&lt;br /&gt; &lt;br /&gt; Don't give up! </description>
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<pubDate>Mon, 8 Dec 2008 18:02:00 GMT</pubDate>
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<description> &lt;blockquote&gt;
			&lt;div&gt;
				&lt;cite&gt;davidmpires wrote:&lt;/cite&gt;&lt;br /&gt; &lt;br /&gt; Oh I have some ski clothing never used with the tags still on, I'll be doing a separate post for that. But I can say that we have 2 DARE2Be jackets, 2 googles, 2 pairs of salopettes. pm me if you are interested. &lt;br /&gt; &lt;br /&gt; I'll post some pics over the weekend. &lt;br /&gt; &lt;br /&gt; &lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; David, good to hear healing should be quick.&lt;br /&gt; &lt;br /&gt; Why quit though ? There are a dozen and one activities where this accident might have happened. &lt;br /&gt; &lt;br /&gt; Trencher</description>
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<pubDate>Mon, 8 Dec 2008 18:07:02 GMT</pubDate>
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<description> I'd suggest giving it serious thought before giving up and selling the stuff! Dry ski sleeps are a lot more difficult and dangerous than the real thing! &lt;br /&gt; &lt;br /&gt; Give it some time and she might feel differently - maybe give it a go in a real snow environment. My girlfirend had no lessone before going and although she fell over a lot she didn't hurt herself once.</description>
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<pubDate>Mon, 8 Dec 2008 18:09:46 GMT</pubDate>
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<description> David, I'm so sorry.  And you were so looking forward to alpe d'huez.  Fingers crossed for a swift recovery and a change of heart!&lt;br /&gt; &lt;br /&gt; Appalling business by the ski slope not giving you your money back.  Name and shame I say...&lt;br /&gt; &lt;br /&gt; &lt;br /&gt; &lt;br /&gt; </description>
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<pubDate>Mon, 8 Dec 2008 18:21:18 GMT</pubDate>
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<description> caron-a, as much as it may seem like a good idea it is probably not great.  Just because they have dealt with one situation poorly does not mean to say the whole place deserves to be brought down because of one managers actions.</description>
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<pubDate>Mon, 8 Dec 2008 18:22:50 GMT</pubDate>
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<description> ok, maybe a bit harsh, not something I've ever done.  &lt;br /&gt; however, in the same situation, I don't think I'd give up until I got at least half my money back.  &lt;br /&gt; &lt;br /&gt; </description>
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<pubDate>Mon, 8 Dec 2008 18:40:02 GMT</pubDate>
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<description> I would let it go, Karma....</description>
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<pubDate>Mon, 8 Dec 2008 18:45:44 GMT</pubDate>
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<description> David,&lt;br /&gt; &lt;br /&gt; Things are getting better already ... healing won't be as long, surgery won't be required, and some money back from the dry slope. :thumbup: &lt;br /&gt; &lt;br /&gt; On a personal note, my wife fell on the icy unloading lift ramp on our first ever lift ride - which was part of our very first lesson. (I ended up in the trees on the other side of the unloading area).  With both of her knees twisted, it was a Ski Patrol toboggan ride to the First Aid office and an afternoon in the hospital to get her checked out. The bindings hadn't released :!: (This was a New Years Day.) The instructor was on the chair with us and saw the conditions which long time skiing friends thought were bad enough to not permit first time beginners on the hill. (These same friends had bets on me being the injured one from the day's activities!) You could better skate the hill than ski it that day!  Later that night the management from the hill called to ask how she was and to offer any assistance they could.  No refund was offered nor asked for. The call itself was a thoughtful move we thought. A couple of years later we took up skiing with the passion it deserves.  This coming season is only our 9th and we can't wait to get it started :!:  We have had falls and injuries - but that is part of the sport and of life.  &lt;br /&gt; &lt;br /&gt; So don't jump to sell off your &quot;stuff&quot; -- just let things cool off a bit and in a year or two (and hopefully sooner) you both will be back at the slopes - make it real snow this time. :shock: &lt;br /&gt; &lt;br /&gt; Mike :wink: </description>
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<pubDate>Mon, 8 Dec 2008 19:24:42 GMT</pubDate>
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<description> David, it's sad that you have lost your hols which you had planned for a long time, but good news that your OH will be fine. Dry slopes do get more than their fair share of accidents, mostly it's broken thumbs (yup me too).&lt;br /&gt; &lt;br /&gt; Many years ago I was packing ready for a ski trip when my OH phoned me and said &quot;How would you feel if I said I couldn't go&quot;...so I say, &quot;I'd go without you&quot;.... then he sounded really glum. He'd gone and got his hand crushed under a forklift truck forks (don't ask). It was broken, hugely swollen, (apart from the bolt hole) and he skied 5 weeks later on a late booking, which we booked on the day he got clearance from the hospital  :D &lt;br /&gt; &lt;br /&gt; All you now have to do is convince your OH to give skiing another try  :D </description>
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<pubDate>Mon, 8 Dec 2008 20:23:55 GMT</pubDate>
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<description> I am so sorry to hear your bad news, I know you were looking forward to it.  If it was me I think I would still go on holiday.  Just being in the snow is enough for me.  It might give your wife more confidence to if she sees people on the slopes.&lt;br /&gt; I broke my ribs about three years ago just before my holiday, we still went, I did'nt ski but still had a fab time.&lt;br /&gt; </description>
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<pubDate>Mon, 8 Dec 2008 20:27:53 GMT</pubDate>
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<description> My OH had the plaster cast removed from her leg two weeks ago, and we go to N two weeks on Saturday. She is quite easy about it all, and plans to read and sit at the top of the mountain, if she is unable to ski.&lt;br /&gt; &lt;br /&gt; If the situation were reversed, I'm not sure that I would have the same strength of character.</description>
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<pubDate>Mon, 8 Dec 2008 21:01:26 GMT</pubDate>
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<description> Sorry David, I neglected to offer solace. That was bad luck, and hope the pain is not too bad for your OH. The trauma will pass, but the ski dream will come back. So good luck.</description>
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<pubDate>Mon, 8 Dec 2008 22:25:03 GMT</pubDate>
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<description> David: Sorry to hear of your troubles and just a note to say, &quot;Keep the faith&quot;&lt;br /&gt; &lt;br /&gt; If you can find a way to continue, I'm sure you'll reap the rewards in the longterm.&lt;br /&gt; &lt;br /&gt; A speedy recovery to your wife.&lt;br /&gt; &lt;br /&gt; Jan</description>
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<pubDate>Tue, 9 Dec 2008 08:13:16 GMT</pubDate>
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<description> Thanks for your support guys. &lt;br /&gt; &lt;br /&gt; So far we are amending the holidays and will not be skiing next year. Maybe she will have a go at the realli ski one day. But for now there's no skiing for her. &lt;br /&gt; &lt;br /&gt; I can understand, I play bass and do it as a hobby, and I'd be terrified if I wasn't able to play anymore, so I can understand she being afraid of hurting herself and not being able to work in what she likes and studied so hard.&lt;br /&gt; &lt;br /&gt; I'll be having my skiing lessons as usual, just won't be as exciting as she won't be there with me and we don't have anything to look forward. </description>
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<pubDate>Tue, 9 Dec 2008 11:08:32 GMT</pubDate>
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<description> David.&lt;br /&gt; &lt;br /&gt; Leave her at home and go have a great time with a mate   )&lt;br /&gt; Seroiously, hope shes ok, but dont let this put you (or her) off.&lt;br /&gt; And dont let anyone hold you back, ANYONE.&lt;br /&gt; &lt;br /&gt; Best of luck mate.</description>
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<pubDate>Tue, 9 Dec 2008 14:34:18 GMT</pubDate>
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<description> &lt;blockquote&gt;
			&lt;div&gt;
				&lt;cite&gt;Tony_H wrote:&lt;/cite&gt;David.....&lt;br /&gt; don't let anyone hold you back, ANYONE.&lt;br /&gt; &lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; Tony has offered the best advice with the above  :!:  :thumbup: &lt;br /&gt; &lt;br /&gt; I have missed many, many years of enjoying the winter because I listened to people who &quot;promised&quot; broken limbs from skiing. :roll: &lt;br /&gt; &lt;br /&gt; There isn't a guarantee of broken bones -- there is a risk ... but; you could get run over by a truck or train too. Or ellistine could fall out of his yacht but look at the fun he would have missed if he hadn't joined the yachting world:shock: &lt;br /&gt; &lt;br /&gt; &lt;b&gt;&lt;i&gt;&quot;Live life - Go Skiing&quot; :!: &lt;/i&gt;&lt;/b&gt;&lt;br /&gt; &lt;br /&gt; That would look good on a bumper sticker:lol: &lt;br /&gt; &lt;br /&gt; Mike :wink:  </description>
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<pubDate>Tue, 9 Dec 2008 15:03:48 GMT</pubDate>
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<description> Here,Here  :D </description>
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<pubDate>Tue, 9 Dec 2008 19:15:34 GMT</pubDate>
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<description> &lt;blockquote&gt;
			&lt;div&gt;
				&lt;cite&gt;Mike from NS wrote:&lt;/cite&gt;&lt;blockquote&gt;
			&lt;div&gt;
				&lt;cite&gt;Tony_H wrote:&lt;/cite&gt;David.....&lt;br /&gt; don't let anyone hold you back, ANYONE.&lt;br /&gt; &lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; Tony has offered the best advice with the above  :!:  :thumbup: &lt;br /&gt; &lt;br /&gt; I have missed many, many years of enjoying the winter because I listened to people who &quot;promised&quot; broken limbs from skiing. :roll: &lt;br /&gt; &lt;br /&gt; There isn't a guarantee of broken bones -- there is a risk ... but; you could get run over by a truck or train too. Or ellistine could fall out of his yacht but look at the fun he would have missed if he hadn't joined the yachting world:shock: &lt;br /&gt; &lt;br /&gt; &lt;b&gt;&lt;i&gt;&quot;Live life - Go Skiing&quot; :!: &lt;/i&gt;&lt;/b&gt;&lt;br /&gt; &lt;br /&gt; That would look good on a bumper sticker:lol: &lt;br /&gt; &lt;br /&gt; Mike :wink:  &lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; &lt;br /&gt; Mike, how many smilies does a man need in one post?    ) :shock: :D :lol: :evil: :!: :roll: :P :?: :mrgreen:</description>
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<pubDate>Wed, 10 Dec 2008 07:59:06 GMT</pubDate>
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<description> &lt;blockquote&gt;
			&lt;div&gt;
				&lt;cite&gt;tino_11 wrote:&lt;/cite&gt;&lt;br /&gt; Mike, how many smilies does a man need in one post?    ) :shock: :D :lol: :evil: :!: :roll: :P :?: :mrgreen:&lt;/div&gt;
		&lt;/blockquote&gt;&lt;br /&gt; About that many :oops: ... or as many as there is room for on the page :lol: </description>
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<pubDate>Wed, 10 Dec 2008 11:06:30 GMT</pubDate>
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<description> &lt;blockquote&gt;
			&lt;div&gt;
				&lt;cite&gt;davidmpires wrote:&lt;/cite&gt;&lt;br /&gt; &lt;br /&gt; Any opinions please?  &lt;br /&gt; &lt;br /&gt; &lt;/div&gt;
		&lt;/blockquote&gt;Oh I'm sorry to hear that! One bad experience and that's it? :cry: If she was injured on the slopes the resort/instructor has to take some kind of responsibility. Find a good lawyer that's my advice&lt;br /&gt; &lt;br /&gt; Glad to hear that she's getting better!</description>
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<pubDate>Thu, 11 Dec 2008 06:14:03 GMT</pubDate>
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<description> Hi David,&lt;br /&gt; &lt;br /&gt; Really sorry to hear about your OH but glad the recovery shouldn't be too long.&lt;br /&gt; &lt;br /&gt; I used to be a sailing, kayaking and Power Boat instructor for 3 years and also taught instructors during the winter. Obviously not skiing but all instructors are in the same situations.&lt;br /&gt; &lt;br /&gt; In this case I would disagree with Iceghost on finding a good lawyer, however I do agree that the centre should give you a full refund for your OH's sessions and any furure sessions pre booked out of good faith.&lt;br /&gt; &lt;br /&gt; As an Instructor you are responsible for the safety of your students but the student also has a responsibility for their own safety. It all comes down to the term &lt;b&gt;&quot;Duty of Care&quot;&lt;/b&gt; and whether the centre or instructor did not fullfill this duty. It sounds to me as if they did fullfill this duty to the best they could. Obviously all sports are dangerous at times, and accidents can always happen especially when you introduce items that are not natural to the human body such as ski's &lt;i&gt;(ok they are very natural to many on here but not beginners and myself at times when I head plant!!!)&lt;/i&gt;. In order to learn everyone has to be taught the basics and unfortunately this is not possible unless you are on a slope and that slope causes risks therefore the instructor has to put the student at slight risk but this does not mean they have not fullfilled their duty of care.&lt;br /&gt; &lt;br /&gt; If the instructor had taken the student to the very top and told them to point downhill and hope then I would say &quot;take them to the cleaners&quot; but from what I gather that was not the case. If the slope was not in good order and that caused the accident then the centre would have not fullfilled their duty of care and as you havent mentioned any defects I presume that is not the case. Basically as I said accidents happen and unfortunatelly for your OH it resulted in a broken bone but could that have still happen had she fallen over on your garden path in the ice? Yes! Simply the instructor has to put the student at slight risk as it is impossible to teach without that but they are always assessing the risks and changing the situations to minimise those risks.&lt;br /&gt; &lt;br /&gt; In my opinion as I said push for a Refund or at least a compromise but unless you feel that the centre or instructor didn't fullfill their &quot;Duty of Care&quot; then I wouldnt go down the solicitor / Lawyer route as this will probably end in the Centres favour as you as a student also have a Duty of Care and accidents do happen. Its just unlucky.&lt;br /&gt; &lt;br /&gt; If you Do feel that they didn't fullfill their duty of care then try to discuss it with the centre first. If they push back and quote that you signed a disclaimer do not let that put you off. I now run events for a large multi national company and come across them the whole time and I can confirm that they are not legally binding. They do however work for the company as people are unaware that they can be challenged and therefore dont bother.&lt;br /&gt; &lt;br /&gt; Sorry that was so long but I thought it may help.&lt;br /&gt; &lt;br /&gt; Once again I'm sorry that this happened to your OH and hope she has a speedy recovery and also I hope for both of you that she does give it another go. Maybe this time at a centre with actual snow and not a dry slope.  :wink:&lt;br /&gt; &lt;br /&gt; IceGhost -  Obviously this is just our opinions so I hope I havent caused any bad feelings.&lt;br /&gt; &lt;br /&gt; </description>
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<pubDate>Thu, 11 Dec 2008 08:36:11 GMT</pubDate>
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<description> She's recovering ok, but she's quite annoyed with the fact that she didn't got her money back. I'm hopping to talk to the instructor on Saturday when I have my next lesson. I are not going down the layer route, I'm more p'ed off at the centre owner than the actual instructor. &lt;br /&gt; &lt;br /&gt; I'll have to see how it goes on saturday, so far she doesn't want to hear me talking about skiing and I have change my holiday already maybe next year she would like to give it a go on the Realli Ski, on that simulator it is impossible to fall. &lt;br /&gt; &lt;br /&gt; </description>
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<pubDate>Thu, 11 Dec 2008 08:57:12 GMT</pubDate>
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<description> David&lt;br /&gt; &lt;br /&gt; Sorry to hear about your situation.  I am very wary of dry slopes for this very reason.  Even though I have skied for about 15 years and sometimes go to a dry slope, I am always somewhat apprehensive about falling there and injuring myself - something that rarely enters my head on the mountains.  BTW, my local slope is in a place called Kiltiernan and the local hospitals refer to a condition known as &quot;Kiltiernan Thumb&quot; - the severe sprain of the thumb that you can get when your thumb gets caught in the brushes in a fall :evil:.&lt;br /&gt; &lt;br /&gt; I know that you really want to get back to the skiing and would love it if you could convince your OH to give it another go.  At this stage, I think I would be inclined to let a bit of time pass until she is fully recovered physically &lt;b&gt;and&lt;/b&gt; mentally :!:.  Then when you feel the time is right, I would focus on trying to get her to the mountains, rather than bothering with dry slopes, realli-ski, etc - it is so much more pleasant learning on snow, in beautiful bright sunshine, with spectacular views all round you and a bunch of friends all high on endorphins.  If you can get her to that spot, I suspect your problems will be solved :lol:.</description>
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<pubDate>Thu, 11 Dec 2008 10:59:38 GMT</pubDate>
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<description> Yeah maybe you are right, I think I'll book a week for the end of next year in a lovely place maybe that way she will enjoy it a lot more. </description>
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<pubDate>Thu, 11 Dec 2008 11:48:43 GMT</pubDate>
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