New Jersey — While it may not have technically been mentioned in New Jersey’s 1979 Ski Act, it’s now been determined that ski resort operators are protected from snow tubing lawsuits.
NorthJersey.com reports that a three-judge panel sided with Campgaw Mountain in a case brought forth by an injured snow tuber. New Jersey’s Appellate Division ruled to dismiss the lawsuit against the ski resort.
Back in 2022, New Yorker Martin McHuinniss went to Campgaw to snow tube with his wife. During his first two runs, he went down while sitting in the tube. His third run had him going down the slope with his stomach in the tube. However, the bottom portion of the run had the deceleration mats cobbled together. This led to him flying off the tube and breaking his collarbone. Originally, he felt a pop and a burning sensation, and said he was ok. However, the pain persisted, resulting in a trip to the hospital.
At the advice of his lawyer, he returned the next day to the ski resort to file an incident report. They discovered that there had been 45 injury incidents at the snow tubing park in recent years. They ended up filing a six-count lawsuit against Campgaw Mountain.
The Appellate Court found that snow tubing “is used for a snow-based recreational activity, as are toboggans, skis, and sleds.” When guests sign liability waivers, they agree that snow sports are inherently dangerous. It was also determined that the workers were unaware of the clumped-up mats and weren’t at fault, as they were focused on other portions of the hill.
Image/Video Credits: William Padilla, Campgaw Mountain
