1. There's more to this forum than meets the eye!

    We have a vibrant community here conversing about all sorts of non-snow topics such as music, sport, politics and technology. Simply register to reveal all our Après topics or continue browsing and reading as a guest.

    NOTE: This notice may be closed.

    Dismiss Notice

Lift Injury - $1.2million awarded

Discussion in 'Perisher' started by blutek, Oct 8, 2013.

  1. Snow Addict

    Snow Addict Part of the Furniture

    Joined:
    Jul 15, 2004
    Messages:
    28,726
    Likes Received:
    184
    Location:
    Somewhere
    Happy to oblige Dr [​IMG]
     
    #51 Snow Addict, Oct 11, 2013
    Last edited by a moderator: Nov 13, 2013
  2. dawooduck

    dawooduck relaxed and comfortable Ski Pass: Gold

    Joined:
    Oct 26, 2002
    Messages:
    64,075
    Likes Received:
    40,057
    Location:
    Mountains
    [​IMG]

    The bigger picture would be to look at how to stop people crashing into each other while skiing.

    Far too much of that stuff happens, far, far too much.

    Maybe what PB needs is a "Skiing Environment Manager" to look at all the hotspots and propose solutions because as the snow gets sketchier and sketchier their skier numbers will keep increasing as PB continues to attract people looking for value for money for their skier dollar ..... I.e reliable snow cover.
     
    #52 dawooduck, Oct 11, 2013
    Last edited by a moderator: Nov 13, 2013
  3. Dakinsnow

    Dakinsnow First Runs

    Joined:
    May 30, 2011
    Messages:
    7
    Likes Received:
    0
    Dawooduck, just for your information I have not JUST created this account. I have been looking at the forums for some years now and decided it was time to add a comment on something.....MY own thoughts. I do NOT think my comment that this accident happened 10 years ago was inappropriate, times have changed and 10 years is a long time. I feel some people are looking for someone to blame other than themselves when it comes to injuries. I am not insinuating that is what is happening in this case. My aim of the post was that I would HOPE policies have improved with both lift loading training and instruction of those who use lifts. I hope you don't treat all new posters the same by making them feel like not contributing again in the future.
     
  4. Angus_McCrory

    Angus_McCrory Old n' Crusty Ski Pass: Gold

    Joined:
    Oct 22, 2005
    Messages:
    23,907
    Likes Received:
    11,761
    Location:
    Lurking
    Reckon he has moved on, that comment was three weeks ago.
     
    #54 Angus_McCrory, Oct 29, 2013
    Last edited by a moderator: Dec 14, 2013
  5. teckel

    teckel Pool Room Ski Pass: Gold

    Joined:
    Oct 16, 2004
    Messages:
    44,907
    Likes Received:
    13,754
    Location:
    Narbethong, Vic
    Dakin, welcome to the forums. [​IMG] We're a mix of people. Some are polite, others are not. Just like in real life.
     
    #55 teckel, Oct 29, 2013
    Last edited by a moderator: Nov 13, 2013
  6. skidiva

    skidiva Addicted

    Joined:
    May 17, 2013
    Messages:
    494
    Likes Received:
    403
    Location:
    Southern part of Brisbane
    Dakin I agree with your original post. There can be some strange ones on the forum.
     
  7. aazz

    aazz One of Us Ski Pass: Gold

    Joined:
    Jun 29, 2012
    Messages:
    555
    Likes Received:
    1,775
    Location:
    Hunter Valley
    There was a small article in yesterday's Sunday Telegraph that Perisher appealed the original decision and won. The court found against the Dr who was injured. Not much detail in the article.
     
    Annabuzzy likes this.
  8. Snorkler

    Snorkler Part of the Furniture

    Joined:
    Jan 1, 1970
    Messages:
    18,268
    Likes Received:
    548
    Location:
    Melbourne, Vic
    Decasualisation of the workforce might contribute as well. When a large group of your employees are churning every year, you're essentially rookie loading who have neither the experience to be able to do the multiple things required between every chair and also to react fast when situations arise.
     
  9. Conners

    Conners One of Us Ski Pass: Gold

    Joined:
    Jun 27, 2013
    Messages:
    986
    Likes Received:
    704
    Location:
    South Coast SA
    Link to commentary from a law firm
    http://www.lexology.com/library/detail.aspx?g=06364dcc-6056-467e-9716-9cb3d5ac7ae1

    Why did the Court of Appeal decide that Perisher Blue was not liable?

    The Court of Appeal closely examined the evidence and gave these reasons for decision:

    • Perisher Blue was under a duty of care to exercise reasonable care and skill in the provision of its lifting services to avoid harm to skiers using those services.
    • The reasonable care that Perisher Blue had to exercise was that the lift attendant needed to observe the condition of the chair as it came around the bullwheel.
    • The relevant risk was the risk of physical injury if the skier reacted because the lift attendant did not raise the safety bar on the chair until it was almost at the “load line”.
    • There was no causation - the lift attendant’s late response in raising the safety bar had not caused the skier to be out of alignment with the chair.
    • The injuries were not inevitable – they were not the materialisation of an inherent risk.
    The decision could have gone either way, but the fact there was no causation meant that the Court of Appeal decided that Perisher Blue was not liable.
     
  10. Annabuzzy

    Annabuzzy Part of the Furniture Ski Pass: Gold

    Joined:
    Jul 31, 2012
    Messages:
    14,941
    Likes Received:
    8,380
    Location:
    Sydney
  11. Telemark Phat

    Telemark Phat Pass the butter Ski Pass: Gold

    Joined:
    Jun 21, 2008
    Messages:
    18,783
    Likes Received:
    14,867
    Location:
    Jindabyne
    Well there you go.
     
  12. Mr. Mook

    Mr. Mook One of Us

    Joined:
    May 21, 2001
    Messages:
    2,863
    Likes Received:
    564
    Location:
    Macquarie Fields, NSW
    Interesting.
    When I first heard about this my view was a bit 50/50 not knowing ALL the facts, but I always thought that for her to be hit by the side of the chair she must have lined up in the wrong spot, which, to me, made her significantly contributory to the injuries she received.
     
  13. Rimey

    Rimey One of Us

    Joined:
    Jan 28, 2010
    Messages:
    1,646
    Likes Received:
    1,042
    Location:
    The modest end of the Great Divide
    Costs'll be interesting.
     
  14. Nowada

    Nowada Addicted

    Joined:
    Jan 12, 2011
    Messages:
    897
    Likes Received:
    265
    Location:
    NSW South Coast
    Its obviously going to be hard on the injured woman now, but IMO sanity has won. If she had not tried to move out of the way, she would have been fine like the rest of her group getting on the chair. The lifty got the bar up in time, but she had moved out of alignment.
    Its about time we took responsibility for our own well being. If we do something risky then we should accept the risks and not blame someone else when things go wrong.
    We could learn a few things off the French and Japanese with regards to litigation (the lack of).
     
  15. gareth_oau

    gareth_oau Pool Room Ski Pass: Gold

    Joined:
    Dec 27, 2008
    Messages:
    50,909
    Likes Received:
    21,657
    Location:
    Canning Vale, Perth
    this looks like its a good common sense result.

    ...unlike lawsuits in the US
     
  16. Acav

    Acav Hard Yards

    Joined:
    Aug 31, 2010
    Messages:
    392
    Likes Received:
    3
    Playing the facts, if the courts found that part of the lifties job was to ensure that customers stand in the exact right spot then it may have gone the other way. As perisher provides an indicator as to where to stand they can hardly be held accountable for people not following their instructions, otherwise it would create too much of a burden.

    This is a good result for perisher, and the industry in general, as the precedent that would have opened up if this had gone the other way would have made them have to monitor customers entry onto lifts to an extreme degree to avoid more lawsuits. Imagine how often they would have to stop lifts if a lift injury was a million dollar hit.