In the case of Blizzard Resort Inc. and Katharine, both parties; Blizzard Resorts Inc, defendant, and Katherine, Plaintiff, are liable for some of the amount sued for. Katherine is suing Blizzard Resorts Inc. for the damages she suffered and other misfortunes she endured. She is suing Blizzard Resorts Inc. for the measure of $1,000,000.
Blizzard Resorts Inc. was negligent when setting up signs that were not clear for beginners. For instance, a “Black Diamond” symbol with no reasonable clarifications is not clear to a new snowboarder. From this, Katharine experienced a broken jaw, leg, and arm. Katharine dealt with high levels of pain over 6 operations in 3 months. As a result, Katherine was not able to complete her education and was deemed unfitting to proceed in her profession, which she claims is the cause of the ski hill’s negligence. Now, to Blizzard Resorts Inc. defence, Katharine was a client who had never snowboarded.
Katharine signed the ticket/waiver that expressed that she was in charge of her actions, and that Blizzard Resorts was not responsible for any injury or harm caused during the event. She additionally did not take any steps to help prepare her with the various levels of courses, and didn’t use her friends as willing aids. Overall, Katharine had minimal knowledge and expertise in snowboarding, and therefore should not have been fit to join the race nor practice alone.
In this situation, it is foreseeable that Blizzard Resorts Inc. would have had multiple inexperienced snowboarders present. From this, the resort should have made a point ensuring all customers know the guidelines and rules. They owe a duty of care to their customers.
Furthermore, it is evident that the resorts negligent actions could cause harm to customers. The resort should have brief explanations under each symbol to help guide beginners. In theory, if Blizzard Resorts Inc. was more explicit Katharine’s injury could have been prevented.
Although, as a contributory negligence Katherine is also to blame as she could have take more time to find out the rules and guidelines of the hill. Also, Katherine could have alleviated her harms by staying with her friends, and allowing them to teach and guide her down the hill. From this, Katharine will not receive the entire amount she is attempting to sue for. As stated by onerous terms, this case will be in favour of Blizzard Resorts Inc. because Katharine signed the ticket/waiver. This is a voluntary assumption of risk because Katharine signed the ticket/waiver knowing a ski hill is a dangerous place to take action. In this case, a normal person may only have received bruising but severity was much worse than the norm because of Katherine’s pre-existing bone injury. Also, on a ski-hill all injuries are foreseeable although they may be unlikely.
Therefore, as per the Thin Skull Rule the victim compensates for all damages he caused even though they are elevated because the plaintiff was thin skulled. Overall, Blizzard Resorts Inc. owes Katharine for their negligence and is subject for the injuries she sustained.
Katharine isn’t qualified for the sum she lost from her career and loss of education