What does the plaintiff have to prove?

The plaintiff, Michael Wildman, sued the defendant, Mount Manchester, LLC for injuries he suffered while skiing at the defendant’s ski area. The plaintiff alleged that he “went off the trail and descended into the woods.” The plaintiff’s expert witness testified that he struck “either a rock, stumps, cut log, or tree.” The expert also cited several “failures” of the defendant, including inadequate construction and maintenance of the ski trails; inadequate warnings, markings, and directions; inadequate channeling of skiers; inadequate safety measures and risk reduction policies; inadequate inspection; and inadequate training, supervision, and management of personnel.

 

Use New Hampshire law (RSA 225-A:23 and 225-A:24) to assist in your analysis.

 

  1. What does the plaintiff have to prove?
  2. What defenses does the ski area have?
  3. Discuss whether you think the ski area has any liability.