KML-snowboarding_162783920After being injured at one of Oregon’s ski resorts, snowboarder Myles Bagley is asking to invalidate the liability waver he signed at the resort.

Bagley, who was paralyzed from the waist down on one of Mt. Bachelor’s expert jumps, is arguing that the resort bears a responsibility for the jump’s flawed design. Bagley’s attorney, Kathryn Clark, is taking the matter all the way to the Oregon Supreme Court.

Clark hopes that they hold that the park’s release is unusable under the circumstances, and that the assumed risk that skiers and snowboarders take on dangerous jumps are different than the responsibility of a snow park operator, who makes sure jumps and moguls are safe.

Bagley, who was 18 when he was injured at Mt. Bachelor, had his case thrown out initially. His lawyers are arguing that although Bagley signed the agreement in which he agreed to the risks of his sport, he didn’t agree to the flawed design of the jump that caused his injury. Clark says that Bagley was “sold” a good that injured him.

Mt Bachelor’s attorney, Andrew C. Balyeat is arguing that this sort of risk is part of what skiers and snowboarders agree to when signing the wavers.

The Oregon Supreme Court will try to find a precedent in deciding a verdict.

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Kenneth G. Marks has been practicing personal injury law since he was admitted to the California Bar in 1981.www.KmarksLaw.com