Bethlehem Ice Solutions Case Study

Business Law Case Study

Module 4

PLAINTIFF'S STATEMENT:

The Parties – Alex Johnson vs. Bethlehem Ice Solutions

Opening Argument

Those familiar with skiing know that there are risks involved when one chooses to participate in the sport.  Those risks, however, should be associated with self-inflicted harm caused by mistakes that a skier may make and not unforeseen obstacles and dangerous situations.  The injuries sustained by Alex Johnson on the slopes at Bethlehem Ice Solutions (BIS) were not self-inflicted; far from it.  They were the result of negligence on the part of BIS who failed to mark boundaries that separates the slopes and caused Craig to crossover onto another slope, walking directly into Alex’s path and colliding into him, causing severe bodily harm.

Key Facts of the Case

Alex was injured on the slopes at Bethlehem Ice Solutions (BIS) when he collided into Craig who walked into his path while he was skiing.  The defense may argue contributory negligence but it is a fact that Alex exercised reasonable duty and care while skiing but could not avoid Craig.  Defense may also argue assumption of the risk, however, Alex is aware that skiing is a dangerous sport that can inflict bodily harm but he exercised the proper caution while skiing and should not have to be subjected to obstacles and dangerous situations due to the negligence of BIS.  The legal principle Causation – cause in fact - comes into play here because Alex would not have been injured but for the negligent actions of BIS.

Craig was able to cross over onto the slope where Alex was skiing because of negligence on the part of BIS who failed to correct their poorly designed slopes with clear boundaries in order to prevent skiers being able to cross over.  Also, under Subdivision 7 and also subdivision 8 and 14 of New York Code Article 18, BIS is responsible for developing and maintaining a written policy for situations involving the reckless conduct of skiers, which includes...