回複:請教:滑雪受傷索賠

回答: 請教:滑雪受傷索賠上下左右2011-03-02 21:40:22

Since the accident happened in Michigan, where the would-be defendant is located, you have to sue either in Michigan state court or federal court in 6th Circuit if you can meet the jurisdictional requirements. Either way, Michigan law will be applied. You may want to take a look at this recent Michigan case in addition to the materials LaoMao wants you to read.

Barret v. Mt Brighton, Inc., 2006 WL 827866, Mich. S.Ct., Mich. 2006

In case you could not find the facts. Plaintiff skiied in this Michigan resort, ran into a snowmobile and got severely injured. He sued the defendant resort for negligence, on basis of FAILURE TO WARN. He argued if there was clear sign to warn him of the snowmobile trail he would not have run into the trail and collided with the snowmobile. Defendant moved to dismiss, which the trial court denied. Defendant appealed and the case went all the way up the the state supreme court, which held the case should be dismissed for defendant because in Michigan, a skiier assumed the risk regardless he was warned.

Apparently assumption of risk plays a huge role in Michigan. This defense will completely shut down any recovery a plaintiff might have, regardless of contributory negligence. This case may or may not be on point since you did not provide much information on your case and you can judge it for yourself.

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