The BC Supreme Court issued a decision in favor of Big White Ski Resort after a snowboarder rode into the parking lot, off a snow ledge, and onto asphalt– breaking his leg like an idiot.
But like moron plaintiffs are known to do, Gary Colin Fillingham had to blame someone– anyone but himself and his own goddamn recklessness. So in order to make himself feel better, Fillingham went and filed a lawsuit against Big White saying they provided an unsafe connector run to the parking lot. That run is commonly known as “Highway 33.”
“The plaintiff Gary Colin Fillingham asserts that he sustained serious injuries, including a broken leg, while snowboarding at Big White Ski Resort on March 4, 2013. Mr. Fillingham says that he was injured when a known route from “Highway 33,” a ski run on Big White, to the Solana Ridge condominium complex (“Solana Ridge”) led him over a sheer ten-foot drop down into a parking lot.” – Court Filing
The question that everyone asking themselves is– ‘how the hell did you not see the drop’ with the obvious follow up– ‘if you were going so fast that you couldn’t ride in control– then it’s your own damn fault.’ Apparently a BC court in Vancouver agrees, this is not a lawsuit worth their time. In the end, the case was dismissed with the court citing the lift ticket waiver as proper protection against such suits.
Big White Waiver
As a condition of use of the ski area and other facilities, the Ticket Holder assumes all risk of personal injury, death or property loss resulting from any cause whatsoever including but not limited to: the risks, dangers and hazards of skiing, snowboarding, tubing, skating, cycling, hiking and all other recreational activities; the use of ski lifts; collision or impact with natural or man-made objects or with skiers, snowboarders or other persons; travel within or beyond the ski area boundaries; or negligence, breach of contract, or breach of statutory duty of care on the part of Big White Ski Resort Ltd. and its directors, officers, employees, instructors, volunteers, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (hereinafter collectively referred to as the “Ski Area Operator”). The Ticket Holder agrees that the Ski Area Operator shall not be liable for any such personal injury, death or property loss and releases the Ski Area Operator and waives all claims with respect thereto. . . .