Myles Bagley was 18 years old when he was injured at Mt. Bachelor in 2006. He was paralyzed from the waist down, and sought $21.5 million in 2008. However, his case was thrown out by the presiding judge.
Now, the Oregon Supreme Court is asking to invalidate the liability waiver presented by Mt. Bachelor. Bagley’s attorneys say that the resort has some sort of responsibility in the accident because of the jump’s design. Attorneys for Mt. Bachelor argue that anyone snowboarding from the expert jump must consider the risk that goes with it.
Kathryn Clarke, one of the paralyzed snowboarder’s attorneys, said that Bagley knew the risk of the sport. “That’s what he thought he was agreeing to, assuming the risks of the sport. But that’s not what happened.” She continued, Bagley made a jump, but the design of Mt. Bachelor was flawed, resulting in injury.
Arguments between the two parties have been going on back and forth. Mt. Bachelor’s camp compared the incident to going to a movie theater saying that, those who go to the movies do not expect a projector to fall down on their heads.
Bagley’s case could have a big impact on release agreements that must be signed by a person before taking part in risky activities. Detailed rules are available for amusement park rides, but details on recreational activities are yet to be defined in detail.
On Wednesday, a group gathered at Astoria High School and discussed the difference between risks that snowboarders and skiers take on expert slopes, and the responsibility of the park owners to make sure that people are safe.
Chief Justice Thomas Balmer cited an incident. Shaun White, an American snowboarder decided to withdraw from the Olympic slopestyle in Russia because he was concerned about his safety. Balmer asked Andre C. Balyeat, Mt. Bachelor’s attorney, how the situation was different to Bagley’s.
Balyeat answered, “Nowhere does it say that a mogul or a tabletop jump isn’t part of the risk.”
Dangers Of Snowboarding
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