Legal Question in Personal Injury in Maine
I was snow tubing at a ski resort in Maine. It was icy and the course was running very fast. On the way down, I flew off the course and fell approximately twenty feet. I had to be rushed to the hospital (via ambulance). My medical bills are over $1,500 and I think the ski resort should foot the bill. I feel this way because the snow tube rider has no control when on the course. The ski resort should be responsible for making sure that the course is safe. Unfortunately, there is a waiver on the ticket, which takes effect upon the rider receiving the ticket (no signature is required). Do you think I have a case?
2 Answers from Attorneys
The short answer is no. The waiver and Maine law protects the ski resort.
If you browse Maine's statutes at Maine.gov you will see title 32 section 15217. It generally protects the park from claims, including those based on the design of the course. I agree with you that tubing seems a little different from skiing since you cannot control the tube once it is going, but, the statute covers tubing. If you think the area was negligently maintained or negligently operated you may still have a case, but it may be difficult to prove.