Dec 202007
While skiing, William Rothstein suffered internal injuries after he hit a poorly marked retaining wall. Rothstein sued the ski facility Snowbird Corporation citing negligence in failing to properly mark the railroad ties that were stacked as a barrier.
The lower court ruled in favor of Snowbird, saying that Rothstein had assumed the inherent risk of skiing and signed two waivers stating he was aware of the risks. The Utah Supreme Court overruled the lower court’s decision, however, restoring the lawsuit and clarifying state law as it pertains to negligence.
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