Legal Question in Personal Injury in California

Snowboarding injuries

There is a legal doctrine called "assumption of the risk" which precludes recovery for injuries of the type one would normally expect to risk when engaging in a given activity. Getting hit by a foul ball while at a baseball game is a good example. Running into another skier on the slopes is also a risk you assume, but hitting an employee on a snowmobiler probably isn't (I've only skied a few times, but this doesn't strike me as the type of risk a normal skier would expect).

The waiver on the lift ticket is only valid to a point, and probably doesn't offer the ski resort much protection beyond what the "assumption of risk" doctrine already provides. I very much doubt that a waiver imposed on a "take it or leave it" basis will impress a court if the ski resort acted negligently. If you sue, however, you can expect the ski resort to try to hide behind the waiver; it will mean one extra skirmish in the battle, but I don't think this issue will be decisive.

You cannot recover for medical bills you didn't have to pay, because such damages are intended to make the plaintiff whole rather than provide a windfall. Your son can recover for his pain and suffering, although the injury doesn't seem so severe that it would result in a large award. There's a chance for punitive damages if the negligence was outrageous, but he probably can't recover much if his injury wasn't very severe.

You ask about recovering for lost wages, but it's not clear whose wages you mean. Did your son miss time at a job, or did you miss time coming to his aid? Is he a minor or an adult? How much lost time/wages are we talking about.

As for your final question, you can try to work out a settlement without a lawyer. If the ski resort won't agree to terms you think are reasonable (and remember that this is a compromise situation), then you might want to consult with an attorney.