What defense will Ragged Mountain probably assert?
The central question in this case is whether the state statute establishing that skiers assume the
risks inherent in the sport applies to Elaine’s suit. What would your decision be on this issue?
Suppose that the court concludes that the statute applies only to skiing and not to snow tubing.
Will Elaine’s lawsuit be successful? Explain.
. Now suppose that the jury concludes that Elaine was partly at fault for the accident. Under what
theory might her damages be reduced in proportion to how much her actions contributed to the
accident and her resulting injuries?