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Nordette is a freelance journalist, published fiction writer, poet, and the mother of two children. She is also a BlogHer.com Contributing Editor an...
 
 
 
 

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Ski trip turns ugly: 7-year-old's family sued for $75,000

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I had planned to write about the Dems' presidential hopefuls' family photo ops in Iowa, but then I stumbled on an odd article at The Chicago Tribune. It's about a 7-year-old boy's family being sued for $75,000 by a 60-year-old man because the boy collided with the man on a ski slope in Colorado last year. While the lawsuit may have intrigued me for a moment, it did not fascinate me.

I bring this story to your attention because the article's already received 484 comments at The Chicago Tribune; however, the intense interest in this story and impassioned responses baffle me. I read commentary on the skiing accident and lawsuit and wondered what might this public outcry signal about American culture?

The plaintiff, David J. Pfahler, and his wife left their home in Allentown, Pa., this holiday season because they were deluged with angry calls. "We've never seen this kind of attention to a case," said Pfahler's attorney, Jim Chalat. "If you're skiing as Pfahler was, slowly and in control on an intermediate slope, and a 7-, 8-, 9-year-old comes bombing down and crashes into you, the child has a technical responsibility to you."

The young skier's parents, Susan and Robb Swimm, are happy the public shares their outrage. "People are really angry about this, and they should be," she said. "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?"

The collision occurred the afternoon of Jan. 12, 2007, on a family-friendly slope at the Beaver Creek ski resort just west of Vail. (Tribune story)

And here are three reader comments from the story that show the difference in opinion:

Yesterday I went sledding with my children. A teenager kicked my girl in the face as she soared down the hill as his sled came to rest. Two other kids plowed into my son. That is the risk we took when we went out on the snow hill. Give me a break. That old man needs to stay away from skiing unless he wants to rent his own private ski time! (EmjayT, Elk Grove Village, IL )

As usual the parents of an out of control kid want to blame everybody but themselves for their kids acts. That is why people are forced sue. If the parents don't teach a young child about personal responsibility, then when wil these children ever learn about it? This kids parents are teaching a kid that the only time he has to look out for others is when it's convenient for them or when another person makes them take responsibility. We've allowed a generation of kids who were given last place trophies and told that just trying thier best is good enough, now come the hard lessons of life: there are consequences to your actions, you have to pay attention, and common sense should be all that is necessary to know when your at fault, not a lawsuit.

But the worst form of denial is on the parents part, starting a web campaingn to smear another person, just so you cannot be held accountable for your poor parenting, just sets another example of how not to grow up and own up to what is your fault and a problem you caused. (Bruce from flowerfield, Lake Zurich, IL)

The paradigm is altered because, unlike driving, skiing is recreation. You assume some chance of injury when participating. The management of the facilities where they skiied likely informed them they were doing so at their own risk. Based on this story, it's not clear to me that the child was reckless. That is being inferred by people who are fed up with the behavior of children in general. The 60-year-old man's insurance company started this mess when they suggested he contact the boy's family for compensation. It would defray their responsibility if the financial burden was placed elsewhere. (DMS, United States)

These three comments all come from the same page but represent the general opinions repeated throughout the story's comments section. Those that vary more discuss whether they believe the man's bill's really are $75,000, that the man was too old to be skiing, and that if you participate in a sport you know you risk injury. Most of the pro-lawsuit comments are about bad parenting and teaching children responsibility.

I lean toward the view that when you take up anything like skiing, football, or skateboarding, you know

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kalmdown 5 pts

It could just as easily been a teenager, 30-year old or...another 60 year old who lost control. It is only a question of appropriate behaviour. If the person who hit the other had no other choice then it was a sad accident. If they were reckless then its an irratating one.

CADACON 5 pts

I agree with all of Alyssa Royse comments here. As a Skydiver myself, we too don't go sue one another, once you exit that aircraft, it could as well be your last dive. Skiing is the same, a 7 years old is just a playful kid on a slope, no room for error when an unfit can't control his/her desire to ski at a less crowded ski slope. This is why drivers licenses are not considered over a certain age, now go sue your DMV!!

alyssaroyse 5 pts

i've been skiing since i was 8 or so, and starting skiing with my daughter (now 9) when she was 6. i typically avoid cat tracks specifically because they are so kid-friendly and usually filled with kids. in fact, most of the ski schools in seattle / oregon / whistler take kids on cat tracks to teach them to make big wide turns where the slope is gentle enough that they won't pick up speed.

cat track are so gently sloped that it's pretty easy to keep control, no matter what. UNLESS, someone stops right in the middle of one.

the primary cat track lessen we have taught our daughter is that you can only stop on a cat track if you go off to the side, and do it slowly.

but, the simple truth is that if you go skiing, you assume risk. period.

when you choose to participate in risky behavior, in public places, you don' tget to sure people when you get hurt.
___________
Alyssa Royse
JUST CAUSE
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www.JustCauseIt.com ( http://www.JustCauseIt.com )

lizditz 5 pts

Some of the reportage on this accident & its outcome missed a key feature: Mr. Pfahler and young Swimm were sharing a very, very narrow trail -- at most 20 feet wide. Young Swimm's choices might have been: sail over the edge, or run into a tree.

Cat tracks are typically not very steep, but an inexperienced skiier can still get going to fast by not having sufficient speed-reduction techniques to meet the narrow trail.

I skiied with my kids and to the best of our abilities, we avoided the cat tracks because their abilities just weren't up to the challenge.

here's more from a local paper, the Vail Times

http://www.vaildaily.com/article/20071220/NEWS/541...

EAGLE-VAIL, Colorado — Eight-year-old Scott Swimm spreads his arms wide when he describes the crash he was in with another skier at Arrowhead Mountain in January.

“We were literally about this far away,” said Scott, an Eagle-Vail resident and third-grader at Eagle County Charter Academy.

Then 7, Scott was skiing slowly and in control when he tried to pass David J. Pfahler, said his father, Robb Swimm, who witnessed the crash.

Almost eight months later, the 8-year-old and his father were named as defendants in a lawsuit alleging that Scott collided with Pfahler at Arrowhead Mountain Jan. 12.

“It wasn’t a violent collision or anything, Scott just kind of tapped his ski boots,” said Robb Swimm, who has lived in the Vail Valley with his wife, Susan Swimm, for 17 years.
[snip]

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.

Scott said he was sorry and started to ski away when Pfahler grabbed Scott’s legs, cursed at him and said he would sue him, Robb Swimm said.

“I was really scared,” Scott said.

[snip]

The lawsuit says Scott was skiing “recklessly” and at a “high rate of speed.”

Susan Swimm said her 48-pound son could not have been skiing more than 10 mph on the gentle slope.

She said the lawsuit sends the wrong message to children trying to learn the sport: that they cannot make mistakes while skiing.

Susan Swimm does not think her son did anything wrong and he has been taking ski lessons in the Vail Valley since he was 3 years old.

“They spend a lot of time talking about skier safety with these children,” she said. “It’s drilled into them.”

[snip]

Still, Scott Swimm, who will give his version of the collision to lawyers in a federal court in Denver Jan. 7 and 8, doesn’t feel like skiing lately, he said.

“I feel like this guy could be on the mountain and it’ll happen again,” Scott Swimm said.

Liz Ditz
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Roberta 5 pts

Interesting post Nordette. I really can't imagine suing a child/family over a skiing accident. It just sounds absurd to me. I am surprised by the blame being placed on the parents. Skiing accidents are bound to happen (does anyone remember Sonny Bono vs. Tree). You can't really control your children totally on the slopes, t a little patch of ice can really mess things up for any skier.

I used to ski along time ago as a kid and my dad took me down some scary crazy slopes b.c. he wanted to ski them. I think people were more pissed at him because my sister and I were so slow we bogged the place down. We had more skiers whip past us and riding over our skis hollering at us to watch out.

Birdsword ( http://birdagirl.blogspot.com )

alyssaroyse 5 pts

Been there. Yup, hurts like hell when that rotator cuff tears in a skiing accident. Still hurts, years later. And that surgery aint cheap. No siree.

But that can happen when you strap long, waxed boards on your feet and aim down a steep icy hill. Skiing, my friends, is a dangerous and incredibly stupid sport. To which I am totally addicted and have been for about 30 years now. The season following that torn rotator cuff, my solution to the pain was to ski without poles, so as not to use my shoulder.

Abut 3 years ago, when she was 6, we taught our daughter to ski. She took to it like a pig to a Sunday Dress. But damn it, that child was going to ski so that I could ski. Bad mommying maybe, but I have my priorities, and skiing is just one of them. (Did I mention that i tore my Achilles tendon skiing too, that's even worse.)

And strapping long waxed boards onto the feet of children and pointing them down hill is no rocket-scientist move either, but i firmly advocate it.

And think that we should share the slopes. Skiers and snowboarders need to share. Old and young. Boys and girls. Skilled and not skilled.

There are rules, and one of them is that the UP HILL person ALWAYS defers to the people downhill. It is always the responsibility of the uphill person to not run into the downhill person. However, there are a whole lot of things that sometimes make that impossible. Ice patches that cause you to fall, that sucks, but it's hard to control a fall. Someone stopping in front of you in an unpredictable manner. That sucks. Simply losing your balance, no matter how in control you're being. (Did I mention that i wasn't even moving when i fell and tore my rotator cuff. I was talking to someone, and fell over.... it happens, even to those of us who have been skiing for 30 years.)

The point is, accidents happen. And unless you have the mountain to yourself, (which, for the price of a a several million dollar home, you can, in Yellowstone) those accidents are likely to involve other people. Just like football (would you sue someone who in the normal course of a tackle hurt you? no, you took the risk when you signed up.)

The question is one of recklessness. If the kid was TRULY being reckless, then I suppose there is some culpability, but that would be awful hard to prove, seeing as any rational person would deem the whole sport to be utterly reckless.

Last year, my daughter and I were skiing and some *#@!! teenager on a snowboarder flew over an edge and literally landed on my daughters skis. He was CLEARLY being reckless - you do not jump off a ledge when you can't see who or what is underneath you, ever - and i chased his punk butt down the hill (skis are just faster than boards, sorry) and pulled his ticket. Then I got ski patrol. And that kid was gone. Had he injured my daughter, I probably would have sued. Because that was no accident, that was pure reckless negligence. (As a bonus, I taught my daughter how to swear on that day. Again with the great mommy moments, but I told her that when that happens, the only thing to do is yell A**H*** as loud as possible, because no other response works.)

I have a hard time believing that any 7 year old was being willfully negligent and reckless. Occasionally out of control? Probably. I mean, they're little kids with waxed boards on icy hills. Do the math.

And again, you take that risk when you ski.

That's why we have health insurance. And indemnity clauses. Accidents happen.

As I always tell my daughter, if you never get hurt and never make mistakes, you just aren't trying hard enough. Life involves risk. Take it. Ride it. See where you go.

No. Unless there's more to the story, this is just stupid.
___________
Alyssa Royse
JUST CAUSE
make some good news!
www.JustCauseIt.com ( http://www.JustCauseIt.com )