N.S. Court of Appeal says paralyzed snowboarder has right to sue - NEWS 95.7
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N.S. Court of Appeal says paralyzed snowboarder has right to sue

HALIFAX – The Nova Scotia Court of Appeal has ruled a young snowboarder paralyzed in 2008 after a fall at Ski Wentworth has the right to sue the hill’s operator and the snowboard manufacturer.

In a majority decision released Wednesday, the court ruled against snowboard maker Burton Canada Co. in the matter involving Michael Coady, who was 16 years old at the time of his crash at the ski area.

He was paralyzed when he tumbled in Wentworth’s terrain park and broke his neck, according to the Appeal Court’s judgment.

Other allegations against the ski area and snowboard manufacturer include each defendant failing to warn Coady about potential dangers respecting the use of the board and terrain park.

Coady decided to sue Burton and Wentworth, alleging negligence causing his paralysis, and his lawyer launched a legal action in October 2008.

In a 37-page ruling filed last summer, a Nova Scotia Supreme Court judge preserved Coady’s right to a trial.

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Mike

As sorry as I am for Michael Coady’s injuries and the difficulties these have brought to his life, it is extremely difficult to understand how the hill can be sued for “failing to warn Coady about potential dangers respecting the use of the board and terrain park”. We need “the rest of the story” to bring any clarity to the court’s ruling. If there was a design flaw that brought about some sort of failure in the board or bindings possibly Mr. Coady has a case. But as far as the hill goes …. there is little intelligence required for any one using any part of the facilities to realize there are potential dangers involved in a sport where you fasten a board to your feet and slide down over icy terrain. By 16 we must be of age where we assume responsibilities for our actions. The only negligence causing his paralysis was in his lack of skill or simply bad luck. But again, we need “the rest of the story” to bring any clarity to the entire situation.

August 29, 2013 at 8:12 am