Ski Injury Legal Analysis

Summary

The case involves a personal injury claim where a 16-year-old was injured at a ski resort. Key legal points include determining if the resort owed a duty of care, if there was a breach of that duty, causation of the injury, and assessing damages such as brain injury and diminished earning capacity. The discussion should focus on these elements, referencing legal principles and expert testimony to support the claims.

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In the early morning of February *, *, Breanne Bennett, a *-year-old high school student was injured while skiing at Hidden Valley Golf and Ski Resort located in Wildwood, Missouri during a midnight ski session with her two older male friends. She had very limited skiing experience and had only been to Hidden Valley only a few times before skiing once and snowboarding twice. Bennett was skiing on an intermediate slope and said she fell at a location that had a bump, ridge, jump, or mogul which had formed naturally from skier traffic, both parties agreed that the bump on the slope had not been intentionally created by Hidden Valley. The bump threw Bennett forward about five feet. Bennetts injuries from the fall included brain damage and a diminished future earring capacity.
Thanks for sharing the details. It sounds like this case revolves around a personal injury claim. Here are some general points that could be relevant in such a case:
- Duty of Care: Establish if Hidden Valley owed a duty of care to Bennett.
- Breach of Duty: Determine if Hidden Valley breached this duty by not maintaining the slope properly.
- Causation: Prove that the breach of duty directly caused Bennett's injuries.
- Damages: Assess the extent of damages, including brain injury and diminished earning capacity.
Is there any specific aspect of the case you need more information on?
i need more information one the discussion part of the memorandum for this case
Sure! For the discussion part of the memorandum for the case of Bennett v. Hidden Valley Golf and Ski, you can focus on elaborating the following points:
*. Duty of Care:
- Discuss whether Hidden Valley owed a duty of care to Bennett as a visitor and skier on their property.
- Reference the legal principles governing the duty of care owed by ski resorts to their patrons.
*. Breach of Duty:
- Analyze if Hidden Valley breached this duty by not properly maintaining the slope.
- Consider if the naturally formed bump should have been addressed by the resort.
*. Causation:
- Explore how the bump on the slope directly caused Bennett’s injuries.
- Include expert testimony or precedent cases that show similar situations leading to injury.
*. Damages:
- Detail the injuries sustained by Bennett, particularly focusing on the brain damage and the impact on her future earning capacity.
- Include medical reports, expert evaluations, and potential financial losses.
This structure should help in forming a comprehensive discussion for your memorandum.