Injury & Accident Law
Plaintiff Faces Avalanche of Calls in Ski Suit Backlash
Posted Jan 2, 2008, 12:08 pm CST
By Molly McDonough
A Pennsylvania man and his wife left their home over the holidays after becoming the target of angry calls following their suit against an 8-year-old boy.
The couple claims the child, then 7, collided with David J. Pfahler while they were skiing at the Beaver Creek ski resort. They are seeking $75,000 in damages to cover medical expenses.
But fueled by media coverage and Internet chatter, their suit has become a focal point of public debate over needless litigation, the Chicago Tribune reports.
Pfahler's lawyer, Jim Chalet, told the paper he didn't anticipate the backlash and takes responsibility for it. He said the couple asked him to file a "low intensity" claim against the boy, Scott Swimm, and his father, Robb Swimm.
Scott's mother, Susan Swimm and her husband are pleased with the public reaction.
"People are really angry about this, and they should be," Susan Swimm is quoted saying. "What kind of a message are we sending to our children if we're just going to turn around and sue after an accident on a ski slope?"
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Comments
Posted by M. A. Teachman - 10 months, 2 weeks, 4 days, 16 hours, 24 minutes ago
The rule of the slopes is to always be in control of yourself and your skis. You are responsible not to run into those below you. After all you can see ahead, but skiiers in front of you are not expected to keep turning their head back to make sure they are out of the way of a ‘runaway’ skier.
Where were the parents while this young child skied? Who was supervising his skiing so he would not hurt himself or others? Even if this child was a good skier, his mental age made it inappropriate to allow him to make decisions about his skiing skills and speed. The parents should have made sure he was being supervised by an adult and made to ski within his skill level. He should have been taught to stop or turn without injuring anyone else. Most people can stop themselves when on skis, if they do not ski faster than their skill level. Can a young child determine his ability and distance needed to stop himself? Is he looking ahead anticipating the move of others? Probably not. This family is fortunate that their son did not cause an injury like paralysis or death.