Skier sues 8 year old over collision last year

Maybe I'm reading this all wrong, but this guy sounds like a real jerk.

8-Year-Old Named In Ski Lawsuit

An 8-year-old and his father are being sued by a skier who says the boy collided with him at Beaver Creek last winter.

David Pfahler, 60 of Allentown, Penn., says he tore a tendon in his shoulder in the crash with Scott Swimm. He and his wife have filed a lawsuit in federal court seeking damages over $75,000 for physical therapy, vacation time and other expenses.

He's suing now over a collision from last year? And the accident was supposedly bad enough that he's asking for $75K, but the little kid didn't get hurt? Puh-lease.

Why does the 8 year old need to be hurt in order to make this man's injuries seem believable to you?

It makes sense to me to sue a year later. How is he to know the extent of the damages right away?

The article is pretty vague about what actually happened. I have never been snow skiing so I have no idea. Was the kid acting inappropriately in trying to pass?

I think the guy is out to get money... the article states:

"Colorado law says a minor can't be sued so the court will likely dismiss the portion of the case against Scott, a third grader."

So he is probably trying to settle with the insurance company(ies)...

This whole thing reminds me of the jerk who ran over the little girl skating with his bicycle then turned around and tried to sue her... he lost and so will this idiot.

Wait, so if an adult messes you up and you're stuck with a pile of medical bills, it's okay to sue that person, but if it's a kid, you're supposed to let it slide? I don't think so.

The case of the biker was different. He could have gone around the child on the sidewalk. In this instance, the kid ran into the man. It's completely different.

http://www.rockymountainnews.com/news/2007/dec/20/8-year-old-boy-sued-over-vail-ski-collision/

Scott's mother, Susan Swimm, said her son weighs 48 pounds and couldn't have been going more than 10 mph.

A kid who only weighs 48 pounds can still do damage if he crashed into the other skier causing him to fall and injure himself. It's not like the kid just ran over part of the back end of the guy's skis - he ran into the guy's boots while they were both moving. I guess it really depends on how fast the boy was skiing.

Paladin said:

Wait, so if an adult messes you up and you're stuck with a pile of medical bills, it's okay to sue that person, but if it's a kid, you're supposed to let it slide? I don't think so.

The case of the biker was different. He could have gone around the child on the sidewalk. In this instance, the kid ran into the man. It's completely different.

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From the article, I'm not aware of skiing etiquette ... is it wrong to pass on the right?

"He says Pfahler was skiing ahead of his son and that his son was trying to pass Pfahler on the right when he turned into him."

I'm not really into any sports where this is an issue, so I am not taking sides...just asking a serious question:

At what point when you ski (or something similar) do you assume the risk that you might be hurt in an accident? Are they claiming that the 8-yo was malicious or negligent and that it was any more than an unfortunate accident?

Does this man not have his own health insurance?

I only ask b/c the people I know who ski have all been injured in some way - from really minor stuff to major injuries requiring surgery and/or rehab. I don't recall anyone ever having to sue.

golfmom said:

From the article, I'm not aware of skiing etiquette ... is it wrong to pass on the right?

"He says Pfahler was skiing ahead of his son and that his son was trying to pass Pfahler on the right when he turned into him."

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No, but you generally want to refrain from running into someone or clipping someone.

I think $75k is a bit excessive btw.

Skiing and snowboard etiquette is to watch out for the downhill rider or the rider in front of you. but if you ride out from a stop on the side you must yeild to the uphill rider and only pull out when safe.
But this is only etiquette, not law.
Accidents like this happen every day of the week and one should anticpate having a collision, especially when there are children involved. I wonder what level run they were on. THat could have bearing on everything if they were riding above or below their skill level.

The only time I really have issue with collisions is :
1.when some people go so fast that they are positively frightening. They are coming towards you at a high rate of speed and there is no way to get out of their way. They should be watching for you but they are just like bad drivers sometimes. I might sue someone that injured me with that kind of abandon.
2.Riders often stop and sit right in the middle of the run. They even do it on the backside of a rise, so you cannot see them until you have mowed them over. Instead of pulling off to the side they stop in their tracks and this is so dangerous.
ETA3. When a beginner is on the black diamond runs. It is a danger to everyone.
This guy being upset over an 8 yo for what appears to be an accident is frivolous and ridiculous. The man shouldn't be on the slopes IMO. Every time I go riding, I know I take a risk of getting hurt and I accept it.

ETA: You can pass on either side

golfmom said:

http://www.rockymountainnews.com/news/2007/dec/20/8-year-old-boy-sued-over-vail-ski-collision/

Scott's mother, Susan Swimm, said her son weighs 48 pounds and couldn't have been going more than 10 mph.

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Interesting comment after the Rocky Mountain News article: "t would be nice if the RMN did a little bit more background into the circumstance of this accident. Did the boy or his family have their passes revoked (which must occur under Colorado law if a skier or rider is out of control and causes an "accident")? Was this reported to the ski patrol? Where did this accident occur? On the hill, in a lift line, at an intersection?

This guy can't to back to work because he has a torn shoulder tendon? I was back at work 4 days after having part of my knee cap removed. Maybe I'll request the suit, as it is part of open records if filed in federal court. I'll come back to this after reviewing the documents, and may even post a link.

Insane! I hope the judge dismisses this with prejudice."

ljwf22 said:

Interesting comment after the Rocky Mountain News article: "t would be nice if the RMN did a little bit more background into the circumstance of this accident. Did the boy or his family have their passes revoked (which must occur under Colorado law if a skier or rider is out of control and causes an "accident")? Was this reported to the ski patrol? Where did this accident occur? On the hill, in a lift line, at an intersection?

This guy can't to back to work because he has a torn shoulder tendon? I was back at work 4 days after having part of my knee cap removed. Maybe I'll request the suit, as it is part of open records if filed in federal court. I'll come back to this after reviewing the documents, and may even post a link.

Insane! I hope the judge dismisses this with prejudice."

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My family rides dirt bikes and my husband cracked his shoulder bone as well as tore the rotator cuff and only missed a couple of days for medical care. Now I think mr.golfmom is insane, but to lose so much time for a torn shoulder tendon is silliness.

golfmom said:

My family rides dirt bikes and my husband cracked his shoulder bone as well as tore the rotator cuff and only missed a couple of days for medical care. Now I think mr.golfmom is insane, but to lose so much time for a torn shoulder tendon is silliness.

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What does mr. golfmom do for a job? Does it involve heavy lifting?

Paladin said:

What does mr. golfmom do for a job? Does it involve heavy lifting?

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It does, but he was able to adjust his duties so that it didn't and gave time for the injury to heal.

As Mr. Pfahler works in publishing for Readers Digest, and I know from personal experience how compassionate an employer they are, I can't imagine that he couldn't have worked during this time.

I ponder if the resort they were skiing at has a known recorded liability stance of what I call a "crap happens" aspect. Ya know: a sign that states something along the line of "when you hit a run, you accept that you are skiing at your own risk". I would think there is, being as skiing is very a high accidental prone activity. If there is one, this may play into the little boy's defense: the man went out there knowing he was at risk. I think the only leg the man would have to stand on is if he could prove the child hit him with malicious intent... or the father was neglecting his duty over his minor child, then making the father the true one responsible for the accident.

But, then again, I could be wrong.

hmmm ... I wish I understood ski lingo. Can someone explain this to me?

http://www.freerepublic.com/focus/f-news/1942672/posts

Pfahler has a season pass and skis often, said Jim Chalat, Pfahler’s Denver-based attorney.

“He’s a very strong recreational skier,” Chalat said.

Scott was skiing ahead of his father on the catwalk Golden Bear when he tried to pass Pfahler on the right, Robb Swimm said.

Pfahler was skiing ahead of Scott and turned into him. Scott, the uphill skier, did not have time to react, Robb Swimm said.

Ah Ha! I think I found something! This is the beginner area. Wouldn't the expectation be to find children and inexperienced skiers in this area?

Beginner:
Take Strawberry Park Express Lift to Primrose. Work your way down Sawbuck to the Bachelor Gulch Express lift. Head up and plan on taking a couple of laps. Bachelor Gulch is some of the smoothest, least populated terrain the Beav has to offer. Same goes for Arrowhead. If you’re feeling brave, hit blue runs Gunders (Bach Gulch) or Golden Bear (Arrowhead), before making your way back to the Upper Beaver Creek Mountain Express lift. Take the Mountain Expressway to Red Tail camp for lunch. Head down Dally to Centennial Express, hop on Cinch Express, and take a few relaxing cruisers off the Drink of Water Lift.

For those of you who have not skiied before, all skiers who take to the slopes have a responsibility to be in control when they are skiing. I have seen signs in recent years stating that all skiiers must be in control or risk being prosecuted.

If an out-of-control skiier is barrelling down a slope behind you and slams into you, you can be severely injured. I don't care how little the offender weighs. I was bruised from head to foot from an out of control skiier many years ago.

I didn't read the article; however, why was an 8-year-old even in a position where he could run into an adult skiier? Where were his parents?

As for it happening on a "beginner" slope, even if you start at a black diamond run, oftentimes, you must ski down below through a "beginner" green area to get back to the chair lift.

Of course, there is a responsibility of each skiier to do his/her best to ski defensively, being on the lookout of those who are out of control. However, if each skiier shirked his/her personal responsibility, this would be extremely dangerous.

Because skiing has become popular in recent years, there are unfortunately way too many accidents due irresponsible skiing and irresponsible parents who allow their children on slopes unattended.

ETA: This article is heavily spun in the child's favor. I can see this kid "hotdogging" it. I think that the older fellow who was suing was more of a beginner and the kid decided to whiz by him on the right. This can happen very quickly. The kid came to close to him. The man didn't see him and they collided. It is the kid's responsibility to be watching out for the man because he is behind him.

Sorry, folks, I side on the side of the old man. This kid needs to be taught the rules of the road. Of course, with parents like his, I won't be surprised to see him in other accidents because when this lawsuit is dismissed he will think that he can do anything that he wants to do. A few inconsiderate skiiers ruin it for everyone.

I am admittedly not an experienced skier, but I have skied and know something about being a beginner. How is a parent supposed to have "control" over a child on the slopes? Other than assuring that the child is properly equiped, trained, advised as to the rules and placed on a trail appropriate to his or her skill level, just what is the parent supposed to do? Adult skiers are not tethered to their children and it seems pretty intuitive that sliding down a slippery slope is not the best venue for being able to keep control of your every move.

Like in any lawsuit, the details of the situation make or break the legitimacy of the claim. An 8 year old experienced skier who's careening down the slope because he feels like being wild, is a far cry from a tentative youngster with marginal skills who's having a hard time on the bunny hill.