A Court has awarded a mountain biker more than $150,000 in compensation after he fell from a chairlift at Ski Bromont in 2014.
Vincent Jauvin wanted to take one last run just before the chairlift closed on Aug 7, 2014 so he boarded the lift at 6:30pm but it stopped 10 metres above a dirt road halfway up the mountain. Jauvin, who was 23 at the time, waited for 15 minutes but to see if the lift would move but it stayed in position. He knew the lift would not reopen until 10 am the next morning and had no water, food, warm clothes or phone on his person. Waiting would have meant exposure to the elements and possible hypothermia so he attempted to climb along the cable to the nearest pylon and climb down from there.
The chair apparently stopped around 10 metres away from the nearest pylon, a distance which Jauvin apparently felt he could cross comfortably. However, while climbing, a group of hikers passed underneath. Jauvin called down to the hikers to call 911, which they did, but he lost his grip about a metre from the pylon and fell to the road. He was knocked unconscious and suffered a concussion, two dislocated elbows, a broken wrist, sprained ankle, cracked ribs and broken eye socket.
Jauvin sued Ski Bromont for $198,545 arguing that operators forgot he was on the lift and that meant he had to take drastic action. Bromont argued that Jauvin was at fault for attempting to climb down and that if he had waited the hikers would have been able to help him. Quebec Superior Court Judge Francois Toth rejected Ski Bromont's argument and ordered them to pay $152,579.39 plus legal fees
The ruling reads: "Ski Bromont failed in its obligation to ensure that the rider mounted on a chair of the ski lift arrived at the landing stage so he could get off. Clearly there was a communication error between the boarding attendant and the loading dock."
The full court ruling is
here.
Its like when you are searching for something, you always find it on the last place you look.
Going to be a lot of clapping this year, people. . .
"Last run!" - you're broken.
No, just skip the first and the last run of the day.
I haven't destroyed the saving power by explaining, have I?
I have a friend who Skydives at competition level, he was scathing of diving in america. Lots of deaths, and its seen as a dangerous "extreme sport", where as in europe there are very few deaths (i dont think there has been one for years, but would need to check). the only difference is rules and regs in place to keep people safe.
Similarly, look at that "log men" show on Channel 5. "these guys are doing one of the most dangerous jobs in america, lots of fatalities every year" and the daft chaps are running around on uncleared brush with 5ft bar chainsaws and operating sky cranes at a high speed. Same attitude for their drilling rig crews.
We also cut down trees and drill over here in Blighty, and deaths are rare. this stuff isnt actually that dangerous if you're sensible.
Dont think they have MOTs on their cars either?
rant over.
The staff at winter park/trestle are all winter staff also, so they work year round and seem really dialed, but most resorts rely on a lot of seasonal staff, could be where procedures get missed and safety issues like this pop up.
Oh...
Didn’t sound like they had much of a leg to stand on...
I think we can ignore the oddity of your response and agree that there is clearly a reason you are not a legal representative.
I’m not saying Bromont had much of a case, but the attorneys had to make due. It’s their job to mitigate damages.
Two letters...OJ.
Out of court, out of press, sign a release with terms for no disclosure of the settlement. No legal fees for hauling the obvious loss through court and no one hears about it. This should not have hit the media at all.
They could have paid the whole amount and been ahead. Bromont got bilked by their lawyer is what happened. I've seen this with contracted lawyers in insurance, "Yeah yeah, we have a great case." Has no case, but generates a ton more billable if it goes through court. I've even seen a defendant lawyer hold back an offer from the prosecution in hopes the case would go to court (defendant had to directly contact prosecution's lawyer to ask why they hadn't responded to the offer).
Putting a phone in your pocket (especially when riding alone) would have been clever too.
At the same time, a similar kind of dork seemed to have been operating the lift.
Dork + dork = desaster.
Here's the thing with the ruling. I don't want to second guess the court ruling but 10 minutes is a ridiculously short amount of time to wait on a downed lift. I bet buddy knew he'd snuck on while the lifty wasn't looking and that he was likely not known to be on the chair. Fair enough that the lifty needs to be especially alert after having called last chair.
To claim that after 15 minutes he thought his only method of survival was to pretend he was in an Arnold Schwarzenegger movie is absurd. who the f'uck climbs along the haul rope? like ever, but especially after such a short time? What if they started the chair up again?
20c so maybe 70f? ahah
At least with phones in the mountains, you still have the choice. That will probably change though. Give it a few years.
Added to that, he was on a ski lift in a well known ski resort. I hardly think not taking a phone on a ski lift somewhere like that can be classed as reckless. The lifts were running there before phones, weren't they?
My point is, he was not behaving in a way I would consider dangerous. The lift operator f*cked up, he deserves the money.
Also I don't like being told what to do, especially by people I have never met.
I understand the safety benefits of wearing a seatbelt, but at 30mph or under if I crash I'm going to see it coming and brace myself on the steering wheel, and let the airbags do their thing. I guess some people haven't thought of that, or something. I do wear a belt when I'm hooning. I don't wear one to drive down to the mini mart at 20mph late in the evening. Why? Because I don't want to. I'm big enough to decide for myself.
Same goes for riding a motorcycle without a helmet (I always do it but only because I don't want points on my licence. I don't do it on holiday unless it's the law in that country). Same goes for crossing the street. I'm lucky that in the UK it's still legal to decide for yourself when it's safe for y9u to cross the street if you're an adult, but if we keep going the way we have been it's only a metter of time until that's illegal too. And then the booing and hissing will start if you dare to suggest people should be free to choose for themselves where to cross the road. There is this societal pressure that we must all strive to not put ourselves in any danger at all, and if you advocate something so blatantly irresponsible like not wearing a helmet on a motorcycle (or even a pushbike for that matter) you must be a moron worthy of everyone's judgment.
Let the sheeple keep following, and ingore the down votes!
are you aware of the fact it is a system that is working together? So it is counting with that you are in the right position, which is operated by the seat belt...
Your lack of personal responsibility makes me pay more for my car insurance, and here in the US it was conclusively shown that seatbelt laws lower injury and death rates and insurance costs because the laws were gradually implemented over different states.
I have never told anyone to not wear a seatbelt. If you want to wear one, by all means do so. I also wear one most of the time. On times I don't, I have assessed the risk associated with not doing so and deemed it an acceptable one.
Not that it matters, because you've already decided to always wear a seatbelt, and judge me for deciding for myself when it's necessary and when it isn't, but when two vehicles collide in opposite directions, the force is not doubled. Look it up if you don't believe me.
You can say what you want. You can believe what you want. It's not irresponsible to choose for myself. One could argue it's exactly the opposite.
If I die in a car crash, so what? You don't know me. Why do you care? You'll never even hear about it. And I will die of something if not a car crash. It probably won't be a car crash because I'm a f*cking great driver but if I had the choice I'd take a car crash over cancer, a heart attack, tuberculosis etc...
I don't share society's appetite for trying to protect everyone else. I think it's a bit silly if I'm honest. I'll do me, you do you, and leave it at that.
The moment we offloaded they shut down the lift. I feel like it's not that hard .......
Clever guys also wouldn't try (and fail) to climb down a lift after only 15 minutes or shut down a lift without proper checking.
shop.thebmc.co.uk/product-category/books/howtoguides/skills-technique/?perpage=-1&_sft_product_cat=skills-technique
This guy was in a controlled setting and got messed over. Nothing about this could have been 'planned' out. Your list makes sense for a trail ride, not a resort trip.
It's the obligation and responsibility of the corporation operating the facility to ensure that the lift is clear of passengers after closing. I really don't understand what survival skills have to do with this? The guy was stuck on a chairlift, he didn't get lost in the woods. I personally would have waited a little longer and I really don't get why he didn't have a phone, but that's beside the point.
I have to say I still can't wrap my head around the fact that he had no phone, but seriously, what is the preppers list for riding the chair?
2. I never said "being prepared isn't necessary" - I just can't believe that the people saying "he should have been better prepared" (paraphrasing) have a mountaineering pack full of gear that they bring with them every time they get on a chairlift.
I don't agree with his course of action. 15 minutes and you decide it's worth the risk to climb?
I have never seen a sign nor signed a bike park waiver which stated I should be prepared to be forgotten on the lift.
He won a court case for injury of pride if anything.
So, a stronger argument is what if no hikers or persons for that matter see him. What if he waits and waits and waits and decides he has to stay their over night. Are you telling me you would feel comfortable sleeping on a ski lift chair??? I don't care if the damn arm rest is lowered or not. THOSE CHAIRS WERE NOT DESIGNED FOR A PERSON(S) TO SLEEP ON.
Shhheeeeit, How to make a situation worse: wait because their employees messed up, freeze a bit when the temps drop, fall asleep and then fall (or cling if you wake up mid fall). Trust me that scenario just seems horrific.
I'm glad he won.
Also, doesn't the patrol ride the lift at the end of the day to prevent this? No,? they should .
f*cking dumbass
this Vincent fellow made many bad choices. ski bromont did too, but less than this guy. I hope they appeal if they can.