A family is suing the Hoodoo Ski Area in Oregon for $4.6 million after a 4-year-old girl from Eugene was injured at the resort's terrain park.
The lawsuit was filed on September 3 in Linn County, and blames the resort for removing safety ropes, which it claims allowed an adult skier coming off a jump to land on the child.
The incident occurred on March 7.
The child suffered head and orthopedic injuries, a femur fracture, a radial fracture, and a displaced tibial spine fracture as well as a partially torn ACL, according to the Statesman Journal.
The lawsuit says that due to the lack of safety features at the park, the child "has suffered and will continue to suffer pain, disability, disfigurement and scarring, interference with her usual activities, and loss of enjoyment of life."
The Independent has requested comment from the Hoodoo Ski Area.
According to the lawsuit, the child was an experienced skier who had been on the slopes — including at Hoodoo — at least 30 days before the incident.
The child was in a beginner downhill run area which runs near a man-made terrain park. The areas were previously separated by a rope.
The girl reportedly attempted to go off one of the jumps at the terrain park, but she fell and her ski popped off. While she worked to put the ski back on, another skier was moving down the downhill run toward the jump. The child's family reportedly saw the skier and yelled for them to stop, but the skier could not hear them, and took the jump.
The skier crashed into the child and caused, according to the lawsuit "serious, permanent injuries."
The lawsuit alleges that Hoodoo failed to design its park in a way that prevents skiers from the downhill run from entering the terrain park, failed to provide safety barriers and warning signs, and failed to adequately warn skiers of the dangers of entering the terrain park from the downhill run.
According to The Oregonian, the family is not seeking damages from the skier, as the skier was unfamiliar with the layout of the resort.
Since 2014, it has become easier for people to bring lawsuits against ski areas in Oregon. That year, the state's Supreme Court removed the ability for companies to skirt liability for injuries through waivers. Typically, ski resorts and other sports and recreation venues require customers to sign liability insurance waivers to protect the companies from lawsuits in the event of injury.
Ski areas have reportedly said that the cost of liability insurance has skyrocketed — or been revoked completely — as the number of lawsuits have skyrocketed since the 2014 ruling.
Lawmakers in Oregon have tried to reinstate the power of liability waivers three times, but each time the motions have failed.
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