Question

Lin v. Spring Mountain Adventures, Inc., 2010 U.S. Dist. Lexis 136090 (2010)

Dong Lin went skiing at the Spring Mountain ski area in Pennsylvania, which was owned by Spring Mountain Adventures, Inc. (Spring Mountain). Prior to renting her equipment and going skiing, Lin signed a release form that included the following title line on the front page in bold capital print: “EQUIPMENT RENTAL FORM AND RELEASE FROM LIABILITY.” Above the signature line, the contract stated in capital print, “PLEASE READ THE AGREEMENT ON THE BACK OF THIS FORM BEFORE SIGNING. IT RELEASES US FROM CERTAIN LIABILITY.” Directly between the instruction to read the release and the signature line was the following statement: “I, the undersigned, have carefully read and understood the Acceptance of Risk and Liability Release on the back of this paper.” Lin did not read the contract before signing.

As Lin was skiing, she lost control and fell into a padded snowmaking machine that was on the slopes. As a result of her collision, Lin suffered several permanent and many disfiguring injuries to her face and body and injuries to her brain, bones, muscles, and nerves. Lin underwent surgical procedures and incurred medical expenses.

Lin sued Spring Mountain in U.S. district court for negligence to recover damages for her injuries, current and future medical costs, pain and suffering, and emotional harm. Spring Mountain made a motion to dismiss the lawsuit based on the release of liability form signed by Lin.

1. Does common law or UCC apply in this case? How do you know?

2. What is Spring Mountain's strongest argument against Lin’s claim?

3. What arguments and/or defenses does Lin have to support her case?

4. Who do you think wins this case? Why?

Answer 1

1.Before signing once read the agreement completely.they clearly mentioned to read back side also.due to negligence she lost everything.

2.he contract stated in capital print, “PLEASE READ THE AGREEMENT ON THE BACK OF THIS FORM BEFORE SIGNING. IT RELEASES US FROM CERTAIN LIABILITY.”that was the strongest argument against claim.

3.EQUIPMENT RENTAL FORM AND RELEASE FROM LIABILITYonly the argument of Lin

4.Spring Mountain