# Faulty park feature damages board, my liability?



## timmyboy188 (Dec 7, 2010)

So I've been following my local ski area for the last two weeks (AZ Snowbowl) on their opening date. They finally opened yesterday. I told my fam I'm sorry, but I have to get up for a half day in the morning and get my ride on. So I made my way up, got my ticket, and got to it, as I was leaving by noon. Well my third run I decide to hit the park. I was making my way down the park, hitting features etc. I'm on a 2011 Never Summer SL...

I go to hit the final box in the park, go up to board slide, and halfway down I literally clip something on the box. I immediately fell straight on my face, rolled over, got up and slowly started to continue down the hill, as I get up and start moving, I look back and see one of the park "maintenance" guys look down at the box, as if he knows I clipped something on it. About 30 yards down I stop, assuming the worst for my board, take it off, and a screw that came up out of the box had ripped open the edge of my board, tearing the metal edge in half, part of the base, and a nice gash in the center.

I went to talk to the park guy, gave him a piece of my mind, he didn't really care though. So I go to guest services, state my situation, and after about 30 minutes of talking, all they did at that point was take my board to fix at their cost, and give me another ticket (which at least they could do since I had three runs before my day was over)

My question to you guys is, should I settle for a "fixed" job from them and a voucher ticket? Do you think I'm in the right to say if my board can't look and be fixed to where it was before this happened, that I'm entitled to at least a season pass (costs 300 bucks in early season) or a new board? I think I am, but I want some outside perspective. Thank you,

Tim


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## bostonboarder (Nov 25, 2008)

although legally they have no responsibility even for "employee negligence" Most companies if you contact higher management will do anything to save their reputation. So if they ignore you threaten with calling the BBB or a local news channels' investigative department(hell I know guys that have done it) so make it a big enough pain in the ass and you can get pretty much anything.


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## timmyboy188 (Dec 7, 2010)

My feelings exactly. I'm awaiting the park manager to call me, and I'm supposed to talk to him to further close this case. But you bet, I've been going there since I was 12, I'm a patron there. If they try and screw me, you better believe I can make some noise I know they don't want. I think a season pass is more than fair, as it isnt the same cost as having to buy me a board. I ride for free one year, out of the other 12 years I've been paying, and will continue to pay come 2012.


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## MistahTaki (Apr 24, 2010)

i see your board in your sig. that must have been painful sight. I would just bitch to them until you get what you want from them. I would try to get a new board and season pass.


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## Krug (Mar 27, 2010)

As a final card to play and again I say final card b/c all to often people scream lawsuit way too easily, If they don't comply, you could always take them to small claims court. Especially since you are out a great board. One last thought...If it comes to this, I wouldn't play this card unless you have to and only if you full well intend to take them to small claims, other wise, it's just an empty threat.

The main thing is to stay on top of them by calling, stopping in, etc. If you are a big enough pain in their ass, in the long run, it is cheaper for them to stroke you a check to cover damages than to keep having to spend time dealing with the issue.

Anyways sorry to hear about your luck and at least your okay.

Good luck

Andy


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## timmyboy188 (Dec 7, 2010)

It was insanely painful. I love this board. Well I'm glad I'm in the right to settle this for whats fair.


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## PanHandler (Dec 23, 2010)

Also to note that taking them to court, or even trying to make a big deal out of the situation, can cause you to be banned from that particular resort. If its your local mountain i would honestly just let them fix it for you and try to squeeze a season pass out of it for the down time while it was in repair.


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## MistahTaki (Apr 24, 2010)

^ I think he's trying to say, if you take them to court don;t expect ski patrol to come looking for you when you go missing.


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## timmyboy188 (Dec 7, 2010)

I think a season pass is fair for that exact reason, I continue to go there, spend 40 dollars on a burger and bottled water while I'm there, and continue to enjoy the mountain I grew up on. I don't want to be one of those asshat lawsuit happy jerks. I just want what's fair for me. A season pass will work, however a new board and season pass would be the best bet, as I will push for this, worst case I will only get a season pass.


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## timmyboy188 (Dec 7, 2010)

Plus, I have a rape whistle on my Ortovox backpack, SOMEONE will come get me, lol


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## Reede (Feb 16, 2009)

I think a fix and a pass is fairly generous, provided the board IS fixable.

A mate of mine had a car park incident at a resort here in Aus once where the guy signalling directed him right into a low lying snow bank, bent his bumper way out of shape and was clearly the carpark attendant's fault. Resort ended up paying for repairs after he eventually spoke to management, dealing with the boofhead in the carpark was no help at all.


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## MistahTaki (Apr 24, 2010)

timmyboy188 said:


> Plus, I have a rape whistle on my Ortovox backpack, SOMEONE will come get me, lol


 lol rape whistle. ahahah. hopefully someone will come looking for you. the ski patrol just won't hear it. haha


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## timmyboy188 (Dec 7, 2010)

I will settle for a season pass, but push for both.


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## Extremo (Nov 6, 2008)

Same EXACT thing happened to me while riding my Nitro T1...I didn't even consider taking it to management. Maybe I should have. But I'm not a ripping 3 inches of edge off can really be fixed.


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## Bones (Feb 24, 2008)

bostonboarder said:


> although legally they have no responsibility even for "employee negligence" Most companies if you contact higher management will do anything to save their reputation.


So they're fixing your board and they replaced your ticket. Personally, I think that's pretty "reputation saving" right there.

Maybe another day-pass or a gift certificate to make up for the inconvenience, but why do you have to turn a profit on this by getting a season-pass, exactly?


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## MistahTaki (Apr 24, 2010)

Bones said:


> So they're fixing your board and they replaced your ticket. Personally, I think that's pretty "reputation saving" right there.
> 
> Maybe another day-pass or a gift certificate to make up for the inconvenience, but why do you have to turn a profit on this by getting a season-pass, exactly?


because they damaged his board and wasted his time. what if he fell on that thing protruding from the box? they should have the park as safe as possible for everyone that pays to ride there.


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## PanHandler (Dec 23, 2010)

Heres to hoping they dont do a half assed job at fixing your board. Hopefully they just send it back to the manufacturer to get fixed.


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## Biornus (Nov 2, 2010)

You should be happy with a fixed board and a day pass, I think everything else is just trying to exploit the situation.


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## MistahTaki (Apr 24, 2010)

I personally wouldn;t be satisfied unless the board is restored back to the condition it was before the incident. 

(and a season pass! )


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## HoboMaster (May 16, 2010)

I think a restored board and a day pass is pretty fair, (assuming they restore the board to previous condition). 

The problem with the lawsuit/court/greedy route is that if the hill is your local hill and you plan on continuing to board there for years to come, I wouldn't expect to be very welcomed there anymore. I think you should definitely get hooked up by them, but anything beyond that is kinda milking the system.


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## little devil (Aug 18, 2009)

I`d contact never summer and ask them if they could repair the board. Send the bill to the mountain. Ask for a few passes for your losses. Hopefully you have a board to hold you over.

Your right by Colorado. If n.s. is able to repair it for you, you know you`ll have a better chance at it lasting.


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## HoboMaster (May 16, 2010)

little devil said:


> I`d contact never summer and ask them if they could repair the board. Send the bill to the mountain. Ask for a few passes for your losses. Hopefully you have a board to hold you over.
> 
> Your right by Colorado. If n.s. is able to repair it for you, you know you`ll have a better chance at it lasting.


This is by far the best route. You'd be way better off having N.S fix it rather then them.


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## BurtonAvenger (Aug 14, 2007)

Oh sack the fuck up you pussy. Go look at the liability that's probably prominently printed on the back of that lift ticket of yours. It says the resort is not responsible for damage to property whether it's caused by natural or man made obstacles. Your sense of entitlement is astounding. If you hit a rock would you go demand the same too? Yeah it sucks but whatever you assumed the risks.


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## PanHandler (Dec 23, 2010)

rocks are part of the mountain so of course he wouldnt demand them fix his board. On the other hand, the terrain park is part of the resort property and they should be liable for keeping a faulty feature open.

Do amusement parks keep a roller coaster open if the brakes dont work? NO, because they are liable. If he would have messed his board up on a working, fully functional box, then he would own liability, but thats not what happen, so you can cuss all you want and call us all pussies, but youre just looking like the fool in the end.


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## BurtonAvenger (Aug 14, 2007)

Oh I'm the fool go look at agreement on the back of that purchased lift ticket says you take on the risks associated with snowboarding and the inherent dangers and damage that come with riding both manmade and natural obstacles. Fucking think before you post kid.


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## Bones (Feb 24, 2008)

MistahTaki said:


> because they damaged his board and wasted his time. what if he fell on that thing protruding from the box? they should have the park as safe as possible for everyone that pays to ride there.


But they are fixing his board and they are paying for his wasted time (even though he was leaving) by giving a full day lift pass. He's not out of pocket one cent.

And no one was hurt. No one gets compensated for what might have happened, but didn't.

Personally, I think it's already a customer relations gesture (and a good one) to fix his board. I'd be laughed at if I asking for a free repair if I hit a rock while spring riding. 

A few demands like this and we'll all be forced to wear full body armour and pay $150 for lift tickets.


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## timmyboy188 (Dec 7, 2010)

I cannot send it to NS now, as they took the board for repair once I left. I live 200 miles away, so they offered to mail it to me. I have owned many boards, I have hit many rocks, sticks, even damaged my board by hitting a box wrong. Never have I complained to management, because I'm well aware of it being my fault. But listen, I have been going to this place my whole riding life. I have paid my dues here. The park maintenance guy was litterlally standing next to the box I hit, saw me hit the screw, then tells me after that they do their best to upkeep the park. 

It's neglegence on their part, plain and simple. They wont get my board to where it was before it happened, at best it wil be ridable, but look like complete shit. I shouldnt have to settle for that. A season pass is the least they can do for me, since I have been a loyal customer, and will continue to be if they make it right. I'm not the reason any prices would go up, the park workers neglegence is. Instead of thinking people like me are the problem, consider people like me are the reason parks are built safer and more efficient, instead of name calling and being a little bitch.

I will most likely hear from management tomorrow to resolve this. I'm sure we will come to an understanding. As far as burning any bridges with them, there is another resort closer to me that's bigger. The only reason I go to this one is because my parents taught me how to ski there, I learned how to board there. I have good memories from that resort.


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## Triple8Sol (Nov 24, 2008)

It would be a different story if they told you to kick rocks, but what they're doing for you is already fair. That sense of entitlement your parents instilled in you is not going to fly when you grow up.


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## BurtonAvenger (Aug 14, 2007)

OH sorry forgot I'm reading a post from an a typical douche bag american with entitlement issues. Sack up flip that lift ticket over guarantee it says they're not liable for it and they're doing right by you already. It's like the kid on X mas day with his new set up that was loading the park chair in front of me he caught his front edge when he sat on the chair and it started to pull him off so he grabbed the chair and it snapped his binding right off his board. He blamed the resort for that cause he couldn't get on the chairlift.


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## PanHandler (Dec 23, 2010)

BurtonAvenger said:


> Oh I'm the fool go look at agreement on the back of that purchased lift ticket says you take on the *risks associated with snowboarding* and the *inherent dangers and damage that come with riding both manmade and natural obstacles*. Fucking think before you post kid.


I bolded the part that any lawyer would only need 30 seconds to rip apart.

First of all, a faulty obstacle is NOT an inherent danger or damage. Falling, damage from typical sliding and bumping rails, or user error is inherent. a screw sticking out of a feature that is assumed to be completely flat is not inherent damage. It is negligence of keeping a feature in proper working order. If you think otherwise you better hire a new lawyer.

Risks associated with snowboarding include practical use damage, including typical wear and tear, sport related injuries, etc...

What if the screw was a nail, and it punctured through the board and into your foot? would you then just shrug it off and say "meh, thats the risk you take."? NO you wouldnt because those risks are NOT associated to typical riding conditions.

and your still cussing. haha grow up man.


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## BurtonAvenger (Aug 14, 2007)

And you're still a dumbass dude. Don't get bent out of shape cause people know more than your 24 year old ass. Also like I said go read the back of a lift ticket or a season pass user agreement they're written to cover the resorts ass for this exact reason, I just paraphrased what it's basically getting at in non legal terminology.


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## LouG (Sep 1, 2008)

Nobody cares law school dousche. Yes, hurray. America has become such a little bitch of a country that you can take any little wrong and turn it into a shopping spree. Me, me, me, me, me... guess what? Fuck you.

To the OP, your resort owes you jack shit. You've been riding *and having fun* there your entire life, debt paid. When the park staff guy said they do their best, he meant it. They spend all summer building you features, they spend every night setting them up, checking them out, fixing the ramps, etc. See, sometimes screws loosen up during the day. Once they are reported, they are fixed. You don't know that the box wasn't perfectly fine a run earlier.

Stop being a whiny bitch, get over yourself, accept your repaired board and thank them since they really shouldn't have given you anything.


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## PanHandler (Dec 23, 2010)

Oh im the dumbass but you cant even comprehend the fact that any lawyer with a spec of knowledge of the law can smash that weak ass legal text that doesnt even hold up in court.

Im sorry that im 24 years old with a great college education and have the capabilities of simple common sense. Get fucked.



LouG said:


> Nobody cares law school dousche. Yes, hurray. America has become such a little bitch of a country that you can take any little wrong and turn it into a shopping spree. Me, me, me, me, me... guess what? Fuck you.
> 
> To the OP, your resort owes you jack shit. You've been riding *and having fun* there your entire life, debt paid. When the park staff guy said they do their best, he meant it. They spend all summer building you features, they spend every night setting them up, checking them out, fixing the ramps, etc. See, sometimes screws loosen up during the day. Once they are reported, they are fixed. You don't know that the box wasn't perfectly fine a run earlier.
> 
> Stop being a whiny bitch, get over yourself, accept your repaired board and thank them since they really shouldn't have given you anything.


so you mean the $60 that the OP paid wasnt so he could ride and have fun? the OP PAID to use the mountain, they didnt just let him go ride and have fun for free so dont act like he owes the resort ANYTHING for that. He paid his money like everyone else did.


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## MistahTaki (Apr 24, 2010)

LouG said:


> Nobody cares law school dousche. Yes, hurray. America has become such a little bitch of a country that you can take any little wrong and turn it into a shopping spree. Me, me, me, me, me... guess what? Fuck you.
> 
> To the OP, your resort owes you jack shit. You've been riding *and having fun* there your entire life, debt paid. When the park staff guy said they do their best, he meant it. They spend all summer building you features, they spend every night setting them up, checking them out, fixing the ramps, etc. See, sometimes screws loosen up during the day. Once they are reported, they are fixed. You don't know that the box wasn't perfectly fine a run earlier.
> 
> Stop being a whiny bitch, get over yourself, accept your repaired board and thank them since they really shouldn't have given you anything.


Loug you're such a ******. he pays to ride there. if it's free then it's a whole different story. without customers like him they're nothing. quit riding your boyfriend BA's dick.

i read some of your reviews on angrysnowboarder. your reviews have so many grammar and spelling errors it's not even worth posting.

edit: your avatar makes you look like a total douche


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## LouG (Sep 1, 2008)

MistahTaki said:


> Loug you're such a ******. he pays to ride there. if it's free then it's a whole different story. without customers like him they're nothing. quit riding your boyfriend BA's dick.
> 
> i read some of your reviews on angrysnowboarder. your reviews have so many grammar and spelling errors it's not even worth posting.
> 
> edit: your avatar makes you look like a total douche


Ha! This is priceless.


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## MistahTaki (Apr 24, 2010)

LouG said:


> Ha! This is priceless.


why is it priceless? because it's true?


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## LouG (Sep 1, 2008)

PanHandler said:


> Oh im the dumbass but you cant even comprehend the fact that any lawyer with a spec of knowledge of the law can smash that weak ass legal text that doesnt even hold up in court.


Oh... If only you understood the lengths resorts go to in order to protect themselves. Ski resorts are a high risk business; people get hurt and people die. You don't think people are always trying to sue them? They have not lawyer, but lawyers at their beck and call... and guess what? They almost never lose.


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## MistahTaki (Apr 24, 2010)

LouG said:


> Oh... If only you understood the lengths resorts go to in order to protect themselves. Ski resorts are a high risk business; people get hurt and people die. You don't think people are always trying to sue them? They have not lawyer, but lawyers at their beck and call... and guess what? They almost never lose.


that's great. you're great.


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## LouG (Sep 1, 2008)

MistahTaki said:


> why is it priceless? because it's true?


What am I supposed to argue with here? You had nothing to say, so you did what any 9th-grader would do. I'm a little too old for this, kid.


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## PanHandler (Dec 23, 2010)

LouG said:


> Oh... If only you understood the lengths resorts go to in order to protect themselves. Ski resorts are a high risk business; people get hurt and people die. You don't think people are always trying to sue them? They have not lawyer, but lawyers at their beck and call... and guess what? They almost never lose.


because you are in the court room with them and know all of their lawsuit history. If you have nothing to back up your statement then you shouldnt even open your mouth.


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## LouG (Sep 1, 2008)

Well, I worked at Bear Mountain as an instructor. An instructor's biggest fear is what happens if a student gets hurt. Part of explaining the process was explaining a little bit about how the resort dealt with liability. We learned about all of the lawyers this tiny 500 acre mountain kept on retainer. As a joke to impress upon the instructors how protected they were, we were told the figure for how many cases filed against the mountain each year and how many cases the resort lost. One was much lower than the other, darn close to zero... and again, this is a small 500 acre resort.


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## PanHandler (Dec 23, 2010)

Bear mountain is also probably one of the most crowded resorts on any given day. I can completely understsand that bear mountain would have tons of lawyers because california is a place of rich people who like to sue other rich people. I lived in southern california until i was 22, i didnt ride bear much because i was just getting into the sport when i moved, but i could only imagine. Other, more family owned mountains dont have that kind of legal backing because they typically dont need it.


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## MistahTaki (Apr 24, 2010)

PanHandler said:


> Bear mountain is also probably one of the most crowded resorts on any given day. I can completely understsand that bear mountain would have tons of lawyers because california is a place of rich people who like to sue other rich people. I lived in southern california until i was 22, i didnt ride bear much because i was just getting into the sport when i moved, but i could only imagine. Other, more family owned mountains dont have that kind of legal backing because they typically dont need it.


case closed.


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## campfortune (Apr 22, 2008)

MistahTaki said:


> Loug you're such a ******. he pays to ride there. if it's free then it's a whole different story. without customers like him they're nothing. quit riding your boyfriend BA's dick.
> 
> i read some of your reviews on angrysnowboarder. your reviews have so many grammar and spelling errors it's not even worth posting.
> 
> edit: your avatar makes you look like a total douche




:thumbsup::thumbsup: people can suit macdonald, why can't they suit a mountain resort?


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## campfortune (Apr 22, 2008)

PanHandler said:


> I bolded the part that any lawyer would only need 30 seconds to rip apart.
> 
> First of all, a faulty obstacle is NOT an inherent danger or damage. Falling, damage from typical sliding and bumping rails, or user error is inherent. a screw sticking out of a feature that is assumed to be completely flat is not inherent damage. It is negligence of keeping a feature in proper working order. If you think otherwise you better hire a new lawyer.
> 
> ...


well put....


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## Bones (Feb 24, 2008)

MistahTaki said:


> without customers like him they're nothing.


And with customers like him, they're less than nothing.

And stop basing "damages" on what might have happened. Nothing else happened, so it's not a multi-million dollar personal injury case (which is what the hot-coffee Macdonald's case was about, not a puffed up dry-cleaning bill). Even if you can prove negligence, he suffered no injuries and he's being compensated for the damages that did happen. Case closed.


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## 181 (Feb 10, 2010)

BurtonAvenger said:


> Oh sack the fuck up you pussy. Go look at the liability that's probably prominently printed on the back of that lift ticket of yours. It says the resort is not responsible for damage to property whether it's caused by natural or man made obstacles. Your sense of entitlement is astounding. If you hit a rock would you go demand the same too? Yeah it sucks but whatever you assumed the risks.


It's astounding that you think that little paragraph written on the back of the ticket is worth more than a bucket of shit in court, it is not. After a bit of research I see that California Ski Resorts operate more of less under an "assumed risk" doctrine with legal liability wavers and no established legal guidelines. To think that nails sticking out of a man-made park feature would fall under "assumed risk" would be laughable and any two-bit lawyer would be able to prove so.


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## BurtonAvenger (Aug 14, 2007)

Bones said:


> And with customers like him, they're less than nothing.
> 
> And stop basing "damages" on what might have happened. Nothing else happened, so it's not a multi-million dollar personal injury case (which is what the hot-coffee Macdonald's case was about, not a puffed up dry-cleaning bill). Even if you can prove negligence, he suffered no injuries and he's being compensated for the damages that did happen. Case closed.


Nailed it dumbasses. 

Also to the 24 year old with that big fancy education who thinks it means shit and the fact you constantly have to toss that out means you're pretty damn insecure with yourself and hide behind the fact you have zero life experiences. Personal experience in this exact matter definitely bypasses anything you fucking know. On top of the fact you still haven't gone and looked at that release of liability statement on the back of any lift ticket. Suing a ski area is one of the hardest things to win at, sure you could do it anyone can sue anyone but winning is another story. Ski resorts are one of the most protected facilities in the U.S. due to the nature of what they provide and the amount of revenue they bring in. 

Oh and before you can come up with some witty comeback how you know all about laws and any lawyer can throw this out. About 10 years ago I was horribly injured at a resort on the east coast to the point it caused me to be air lifted out, have my heart restarted, blood transfusion, and my spleen removed. Yeah I did it in a halfpipe that wasn't cut correctly but I assumed that risk and even though the resort was negligent I was informed by numerous lawyers that going after a law suit would be 5 to 10 years in court with numerous legal fees and that I probably wouldn't win. In the resorts 42 years of operation they had been sued numerous times but had never lost or settled out of court. Their liability, the laws protecting them, and that little piece of paper called a lift ticket with the printed agreement along with the posted signs at the ticket window protected them. Now it is different from state to state but it still protects them from just about everything including a screw popping out of a box. 

His resort went above and beyond with giving them customer care yet his sense of entitlement is much like your level of ignorance astounding. So why don't you sit down shut the fuck up and let the people that actually know what's going on discuss it here kid cause you don't know shit at 24 with that fancy degree and spending 22 years of your life in SoCal. Go out and explore the world you might fucking learn a thing or two. 

Oh and if you want a final swift kick in the nuts my uncle is a resort defense lawyer and my grandfather was the lawyer for the national ski patrols east coast division for over 45 years. I come from a family of lawyers that deal with this shit daily.


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## little devil (Aug 18, 2009)

All the legal whos cocks bigger shit aside.

If the mountain cares about their patrons they will hook you up a fix.(which they did. i believe)
If there extremly nice they'll hook a pass for a day or 2. That to me seems more than reasonable. Asking for a season pass is asking ALOT and I could see why they wouldnt entertain the thought.

But hell, I wouldnt of let them fix my board. If there park is any example of thier building skills.


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## timmyboy188 (Dec 7, 2010)

Wow, people get so angry, really? Calling people ******* and what not? I've stated my case. I talked to never summer today, they agree with me 110 percent on getting a season pass. They said fixing that board is not easy the way it was damaged. Good looking out, those of you that aren't acting like stupid kids.


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## wrathfuldeity (Oct 5, 2007)

Shit happens...next time watch others hit it first or go and do a close inspection. It was opening day, perhaps the box was new, hadn't settled, got tweaked or twisted when getting set in by the cat or the person just before you weighed 300 lbs...anyway a screw could easily come loose or pop up a bit...metal and cold temps are notorious. It would tough to note otherwise...a repair and a day pass or two is fair. Perhaps you could observe the repair...ask the tech guy. A few years ago the son mangled an edge on a rock knob...about 2", tapped it back in, set it in some epoxy and clamped, filled the hole with ptex....it became his rock board and the repair has held for 2 years...2-3 times/year of early season riding.


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## PanHandler (Dec 23, 2010)

BurtonAvenger said:


> Nailed it dumbasses.
> 
> Also to the 24 year old with that big fancy education who thinks it means shit and the fact you constantly have to toss that out means you're pretty damn insecure with yourself and hide behind the fact you have zero life experiences. Personal experience in this exact matter definitely bypasses anything you fucking know. On top of the fact you still haven't gone and looked at that release of liability statement on the back of any lift ticket. Suing a ski area is one of the hardest things to win at, sure you could do it anyone can sue anyone but winning is another story. Ski resorts are one of the most protected facilities in the U.S. due to the nature of what they provide and the amount of revenue they bring in.
> 
> ...


and my uncle is Larry H Parker. Your claims dont mean shit. you got injured doing a trick in a half pipe. thats called ASSUMED RISK. you knew the pipe wasnt cut right and you went anyways. He didnt know that there was a screw sticking out. Thats nothing but negligence on your part for riding the pipe in its condition. Im done arguing with you, because frankly, you are one of those people that cannot ever be wrong, even though you actually are.


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## BurtonAvenger (Aug 14, 2007)

Pot meet kettle you've run out of responses and you keep coming back cause you want the last word in. You can't handle that your fancy education doesn't mean shit.


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## guarnibl (Dec 23, 2010)

I'm not sure what everyone is up in arms about here. Everyone's entitled to their own opinion as to what the resort should be responsible for. But at the end of the day, it's just an opinion, and the fact is the park does not owe you anything. It's up to the resort managers to handle the situation as they see fit. Personally, if I was the manager I would replace the board and correct any wrong that was done. Customer comes first -- sometimes even if they're wrong. More than welcome to take it to claims court, but I highly doubt that would get you anywhere -- I can't see it getting to that point if you make enough fuss. 

Park is assumed risk for sure -- but there's a difference between assumed risk and negligence on the park's part. And that's a line that isn't necessarily defined, so it's tough (and probably why you have this thread heating up).


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## Jeklund (Dec 14, 2009)

PanHandler said:


> and my uncle is Larry H Parker. Your claims dont mean shit. you got injured doing a trick in a half pipe. thats called ASSUMED RISK. you knew the pipe wasnt cut right and you went anyways. He didnt know that there was a screw sticking out. Thats nothing but negligence on your part for riding the pipe in its condition. Im done arguing with you, because frankly, you are one of those people that cannot ever be wrong, even though you actually are.


I think there is a flaw in your logic... He didn't know about the screw because he didn't check out the feature prior to hitting it (I can only assume this, as if he saw it and then hit the feature that would just be stupid), if he had checked out the feature properly before then he would have spotted the screw. Therefore by not checking the feature out he assumed the risk that there could be burrs, screws or part of the top-sheet peeled up. It's just common sense check out the feature before hitting it if you don't your taking the risk that something could happen to you or your equipment. The fact that the resort offered to fix his board, ship it to him after it's repaired and give you a free day pass is more than enough for something that they are completely not liable for. Wanting a new board and/or a season pass is just plan greedy and trust me it will catch up you down the road.


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## Jeklund (Dec 14, 2009)

guarnibl said:


> Park is assumed risk for sure -- but there's a difference between assumed risk and negligence on the park's part. And that's a line that isn't necessarily defined, so it's tough (and probably why you have this thread heating up).


Hadn't really considered that line, however I would think that with the assumed risk of the park that negligence of the crew would fall under that as it would for any other crew on the mountain (Such as improperly marked trails/hazards or a shitty grooming job) and i still stand by my post.


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## wrathfuldeity (Oct 5, 2007)

timmyboy188 said:


> Wow, people get so angry, really? Calling people ******* and what not? I've stated my case. I talked to never summer today, they agree with me 110 percent on getting a season pass. They said fixing that board is not easy the way it was damaged. Good looking out, those of you that aren't acting like stupid kids.


Of course NS is going to agree...good customer alignment, but notice they did not offer to fix or replace it under their warranty nor did they say it was not repairable; and they are not the ones that would be out some cash for a season's pass.


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## timmyboy188 (Dec 7, 2010)

So when you go to amusement parks, do you walk every ride, check every screw, make sure the rotors and motors, chains and latches are working up to par? I shouldn’t have to be a park inspector to feel comfortable riding it, I pay THEM to make sure it's safe. This is a two week old 500 dollar board, I shouldn’t have to settle for a forever compromised board because the workers cant make a box work right. 

5 months ago I broke my ankle at an indoor trampoline center, I did a double varial flip and landed on the trampoline with such force and twist, it broke it. I didn’t even THINK of suing them, while all others said was "did you sign a waiver??" like if I didn’t I could sue - ridiculous! However, if it ripped, and I fell though and broke my ankle that is THEIR negligence to have a proper functioning piece of equipment in their facility I paid to go to. Get real if any of you think you would be ok with your brand new NS was permanently F'd up because of something someone could have fixed if they simply bent over and gave a feature a second look. I'm not greedy to the least bit, what I want is fair, and any good company would honor a season pass to me.


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## wrathfuldeity (Oct 5, 2007)

Jeklund said:


> Hadn't really considered that line, however I would think that with the assumed risk of the park that negligence of the crew would fall under that as it would for any other crew on the mountain (Such as improperly marked trails/hazards or a shitty grooming job) and i still stand by my post.


Not an attorney but I'd think you would be hard pressed to present a clear and cogent case of an ongoing/historical problem that was noted and nothing was done about it. Infact the OP notes the park guy noticed it right away...hopefully he did something about it.


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## timmyboy188 (Dec 7, 2010)

wrathfuldeity said:


> Of course NS is going to agree...good customer alignment, but notice they did not offer to fix or replace it under their warranty nor did they say it was not repairable; and they are not the ones that would be out some cash for a season's pass.


I know where their stance is, I know they would agree with me simply because I bought a board from them. I wanted to ask them if it was repairable, and so happened to tell them my situation.


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## timmyboy188 (Dec 7, 2010)

wrathfuldeity said:


> Not an attorney but I'd think you would be hard pressed to present a clear and cogent case of an ongoing/historical problem that was noted and nothing was done about it. Infact the OP notes the park guy noticed it right away...hopefully he did something about it.




Nope, he walked away and if I didn't walk up to him, he wouldn't have even went back to fix it. Even funnier, when I was done talking to the manager inside, another guy came up and over heard, and said "did you mess your board up too on that box?!?"

I stated my situation to him, and once that screw came up, the box came apart, and ripped the end of his base sheet of his board, so I'm not the only one that got F'd over by not only a faulty box, but a park worker that couldn't even go back and fix it or close it off.


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## little devil (Aug 18, 2009)

Is that the $699 pass you want.


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## PanHandler (Dec 23, 2010)

Jeklund said:


> I think there is a flaw in your logic... He didn't know about the screw because he didn't check out the feature prior to hitting it (I can only assume this, as if he saw it and then hit the feature that would just be stupid), if he had checked out the feature properly before then he would have spotted the screw. Therefore by not checking the feature out he assumed the risk that there could be burrs, screws or part of the top-sheet peeled up. It's just common sense check out the feature before hitting it if you don't your taking the risk that something could happen to you or your equipment. The fact that the resort offered to fix his board, ship it to him after it's repaired and give you a free day pass is more than enough for something that they are completely not liable for. Wanting a new board and/or a season pass is just plan greedy and trust me it will catch up you down the road.


i was gonna respond to this, but..



timmyboy188 said:


> So when you go to amusement parks, do you walk every ride, check every screw, make sure the rotors and motors, chains and latches are working up to par? I shouldn’t have to be a park inspector to feel comfortable riding it, I pay THEM to make sure it's safe. This is a two week old 500 dollar board, I shouldn’t have to settle for a forever compromised board because the workers cant make a box work right.
> 
> 5 months ago I broke my ankle at an indoor trampoline center, I did a double varial flip and landed on the trampoline with such force and twist, it broke it. I didn’t even THINK of suing them, while all others said was "did you sign a waiver??" like if I didn’t I could sue - ridiculous! However, if it ripped, and I fell though and broke my ankle that is THEIR negligence to have a proper functioning piece of equipment in their facility I paid to go to. Get real if any of you think you would be ok with your brand new NS was permanently F'd up because of something someone could have fixed if they simply bent over and gave a feature a second look. I'm not greedy to the least bit, what I want is fair, and any good company would honor a season pass to me.


This pretty much sums it up nicely. The park has a maintenance/safety crew that does a run through of the whole park before they open in the morning, and this should have been caught by them. Us paying customers should not have to be the maintenance man. You wouldnt go to a skatepark and check every screw in every wood ramp before you start skating, because it is assumed by everyone (the company included) that the ramps are safe. Assumed risks cover things that happen in a safe, fully functioning environment. When the environment becomes unsafe due to negligence, you can toss all waivers out the window.


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## wrathfuldeity (Oct 5, 2007)

timmyboy188 said:


> So when you go to amusement parks, do you walk every ride, check every screw, make sure the rotors and motors, chains and latches are working up to par? I shouldn’t have to be a park inspector to feel comfortable riding it, I pay THEM to make sure it's safe. This is a two week old 500 dollar board, I shouldn’t have to settle for a forever compromised board because the workers cant make a box work right.
> 
> 5 months ago I broke my ankle at an indoor trampoline center, I did a double varial flip and landed on the trampoline with such force and twist, it broke it. I didn’t even THINK of suing them, while all others said was "did you sign a waiver??" like if I didn’t I could sue - ridiculous! However, if it ripped, and I fell though and broke my ankle that is THEIR negligence to have a proper functioning piece of equipment in their facility I paid to go to. Get real if any of you think you would be ok with your brand new NS was permanently F'd up because of something someone could have fixed if they simply bent over and gave a feature a second look. I'm not greedy to the least bit, what I want is fair, and any good company would honor a season pass to me.


BS timmy...how old ru, how long have u been skiing/boarding, did you read my post (top of page) ...grow up...shit happens...and on a hill some nasty shit sometimes happens...be thankful that the spill didn't put u out for the season or flick you off the planet. May I suggest a shaun white video game instead. You ass...umed that the park guy could have done something, but didn't and therefore fucked your board....that son is "narcissistic paranoia"...get real u entitled r'tard.


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## wrathfuldeity (Oct 5, 2007)

timmyboy188 said:


> Nope, he walked away and if I didn't walk up to him, he wouldn't have even went back to fix it. Even funnier, when I was done talking to the manager inside, another guy came up and over heard, and said "did you mess your board up too on that box?!?"
> 
> I stated my situation to him, and once that screw came up, the box came apart, and ripped the end of his base sheet of his board, so I'm not the only one that got F'd over by not only a faulty box, but a park worker that couldn't even go back and fix it or close it off.


well this wasn't in the post...but shit happens. Ya park guy should have closed down the line.


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## timmyboy188 (Dec 7, 2010)

wrathfuldeity said:


> BS timmy...how old ru, how long have u been skiing/boarding, did you read my post (top of page) ...grow up...shit happens...and on a hill some nasty shit sometimes happens...be thankful that the spill didn't put u out for the season or flick you off the planet. May I suggest a shaun white video game instead. You ass...umed that the park guy could have done something, but didn't and therefore fucked your board....that son is "narcissistic paranoia"...get real u entitled r'tard.


I'm old enough to know that people that talk shit on the internet and have no idea what they're talking about are usually sad, ignorant people, and I don't care for your retarded comments, so please, STFU and go back to the dark, nasty hole you protruded through, thanks.


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## timmyboy188 (Dec 7, 2010)

little devil said:


> Is that the $699 pass you want.


Yes, but it's not 700 dollars coming out there pocket, like buying me a new board is. All they have to do is let one guy ride for free one year, out of the hundreds of thousands that will visit this year. And come next year, I will be buying my tickets, just like I have been for the last 12 years, and everyone wins.

The alternative, I don't come back, they will lose much more money, as I could be here in PHX so long, I'll be teaching my kids how to shred there.


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## guarnibl (Dec 23, 2010)

Jeklund said:


> Hadn't really considered that line, however I would think that with the assumed risk of the park that negligence of the crew would fall under that as it would for any other crew on the mountain (Such as improperly marked trails/hazards or a shitty grooming job) and i still stand by my post.


I agree with you. :thumbsup:

It all depends on the park, and sometimes it takes a serious injury for it to spawn a lawsuit (not saying every time -- just saying this is usually the case). I doubt someone will sue over $300 -- it will probably cost them more than that in time/effort than what it's worth, and the park may consider that when deciding how to handle the situation.


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## guarnibl (Dec 23, 2010)

timmyboy188 said:


> Yes, but it's not 700 dollars coming out there pocket, like buying me a new board is. All they have to do is let one guy ride for free one year, out of the hundreds of thousands that will visit this year. And come next year, I will be buying my tickets, just like I have been for the last 12 years, and everyone wins.
> 
> The alternative, I don't come back, they will lose much more money, as I could be here in PHX so long, I'll be teaching my kids how to shred there.


I live in Phoenix (North Scottsdale). Is there any competition to AZ snowbowl that's decent and close? All I hear about is AZ Snowbowl. I'm debating just saying screw it and driving to Tahoe, Vail, or Park City. Far drive, but what the hell -- I generally can take three day weekends.


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## wrathfuldeity (Oct 5, 2007)

timmyboy188 said:


> Nope, he walked away and if I didn't walk up to him, he wouldn't have even went back to fix it. Even funnier, when I was done talking to the manager inside, another guy came up and over heard, and said "did you mess your board up too on that box?!?"
> 
> I stated my situation to him, and once that screw came up, the box came apart, and ripped the end of his base sheet of his board, so I'm not the only one that got F'd over by not only a faulty box, but a park worker that couldn't even go back and fix it or close it off.


my appologies,..missed this while responding...my bad...u are not a tard...hugs.


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## timmyboy188 (Dec 7, 2010)

guarnibl said:


> I live in Phoenix (North Scottsdale). Is there any competition to AZ snowbowl that's decent and close? All I hear about is AZ Snowbowl. I'm debating just saying screw it and driving to Tahoe, Vail, or Park City. Far drive, but what the hell -- I generally can take three day weekends.


Sunrise, look it up. I usually go to CO to ride, as I can always take 3 day weekends. I go to Snowbowl like I said, because I have a history there I don't want to perish.


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## LouG (Sep 1, 2008)

timmyboy188 said:


> I'm not greedy to the least bit, what I want is fair, and any good company would honor a season pass to me.


You are greedy as hell, man, because you expect the resort to cater to your every demand over the smallest, most insignificant thing. I kind of wish they had put up a fight and given you jack shit. Then you'd start crying even more, try to sue them, and get nothing except years of legal red tape and a fatty lawyer bill. You have no case here kid. That they even fixed your board is more than enough compensation. Get the fuck over yourself.


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## myschims (Jan 11, 2010)

Their responsible for upkeep of their boxes, in my opinion they should fix it up for you, give you a ticket or two, and you can be on your way. I dont see how any more or less than this is fair. but thats just me


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## PanHandler (Dec 23, 2010)

LouG said:


> You are greedy as hell, man, because you expect the resort to cater to your every demand over the smallest, most insignificant thing. I kind of wish they had put up a fight and given you jack shit. Then you'd start crying even more, try to sue them, and get nothing except years of legal red tape and a fatty lawyer bill. You have no case here kid. That they even fixed your board is more than enough compensation. Get the fuck over yourself.


im glad you arent a resort owner. kids would be getting fucked left and right.


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## Jeklund (Dec 14, 2009)

timmyboy188 said:


> So when you go to amusement parks, do you walk every ride, check every screw, make sure the rotors and motors, chains and latches are working up to par? I shouldn’t have to be a park inspector to feel comfortable riding it, I pay THEM to make sure it's safe. This is a two week old 500 dollar board, I shouldn’t have to settle for a forever compromised board because the workers cant make a box work right.


There is a difference between the two, amusement park rides are inspected regularly and if a ride fails you have a great case against the park and the inspector of that ride. When you look at the cases put against both ski resorts and amusement parks (As well as or high inspected industry Ex. Aviation, Automotive, etc) there is a reason that hardly any cases are won in court or settled. That because the second you get that ticket and sit on that lift you waive all your rights to sue that company, however if a mechanic signs off your car after it's fixed he is putting his neck out saying that this vehicle is alright to drive. If your car a couple weeks later breaks down and it results in your death or injury you can go right back to that mechanic and sue them as they told you that vehicle was alright. My local hill made me sign a waiver releasing my right to sue to get my season pass and then in order to get into the park I had to sign another waiver. I understand that if something happens I have little no leverage on them. If something happened and my board got wrecked I would be pissed too just like you are, there is no harm in asking for them to help you out however forcing the issue is going to get you no where and eventually they will just ignore you. Wanting a season pass after what they have already done is the definition of greed and your lucky the gave you anything.


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## Bones (Feb 24, 2008)

I think there's a huge difference between what you're "entitled" to and what you might get as a PR gesture.

IMO, what you're entitled to is a repair of your board. And even that is doubtful with the issues of waivers, assumed risk, proof of negligence, etc. There was no injury, so forget about comparing this to a personal injury settlement.

What you might be offered as a PR gesture might be very different. But again, IMO, if I were the resort manager, I wouldn't want to set the precendent of giving season passes away for equipment damaged in the park, there's be a constant stream of claims. I think, on this one, I'd be prepared to defend it in court if pushed that far after offering to repair.


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## little devil (Aug 18, 2009)

LouG said:


> because you expect the resort to cater to your every demand over the smallest, most insignificant thing.


HAHAHA A brand new board practically getting ripped off is the most insignificant thing? Calm down cash money. If it was my brand new board that got fucked up I`d be pissed to. Is he demanding more than what is reasonable. Most believe yes. It's up to the resort on how they wanna deal with it.

But to call a brand new board getting fucked up due to a faulty feature the most insignificant thing ur fucked, heads up ur ass. As much as the o.p. wanting a season pass. You both are fucked.


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## MistahTaki (Apr 24, 2010)

LouG said:


> You are greedy as hell, man, because you expect the resort to cater to your every demand over the smallest, most insignificant thing. I kind of wish they had put up a fight and given you jack shit. Then you'd start crying even more, try to sue them, and get nothing except years of legal red tape and a fatty lawyer bill. You have no case here kid. That they even fixed your board is more than enough compensation. Get the fuck over yourself.


It's already clear that he isn't going to sue them. Brand new $500 board getting damaged to hell isn't the smallest most insignificant thing, unless you're a rich bastard. What would you do if you were in his situation? Would you have just shrugged your shoulders and left without saying anything? From seeing your responses in the other thread makes me think you don't care about any of your gear. Well, some people care about the stuff they buy with their hard earned cash.


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## timmyboy188 (Dec 7, 2010)

The manger called me back this morning, but I didnt answer as I was dead asleep (I work late nights and sleep in) I am being patient with them, and I know I will come to a resolution, by the managers tone on the voicemail, it sounds like they will be cool about this for the most part. Maybe I wont get a season pass or a new board, maybe I will settle for a few day passes and put this to bed. But no matter what happens if I still have my board, I get to live with my brand new boards metal edge having two weak points in it. And if this repair comes apart on me on my many trips to CO, I'm the one spending upwards of 60 bucks to have it fixed again, and dealing with the down time. Some may think I'm being unfair, but I think those people havent stopped for two seconds to think if it were them, and how they would feel and what they would do. 

I do appreciate the feedback, and hopefully at the very least this thread will be around incase this happens to others, and can find some relative info to help them out. I will update it as I continue to resolve it.


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## campfortune (Apr 22, 2008)

I don't think it's too much for the OP to be compensated for a new board or a season pass. a new board cost 500, while a season pass is just 300.

A repaired board is not the same as a new board.


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## timmyboy188 (Dec 7, 2010)

Spoke to the park manager. He thought a season pass is more than fair. However, he is not the one in charge of them, so he is speaking in my honor to the person that is. He said that if he can't swing it, he will personally hook me up with 10 tickets, since there isnt a paper trail with tickets. Either way, thats 500 bucks worth of tickets, and very fair whichever one comes out.


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## MistahTaki (Apr 24, 2010)

timmyboy188 said:


> Spoke to the park manager. He thought a season pass is more than fair. However, he is not the one in charge of them, so he is speaking in my honor to the person that is. He said that if he can't swing it, he will personally hook me up with 10 tickets, since there isnt a paper trail with tickets. Either way, thats 500 bucks worth of tickets, and very fair whichever one comes out.


Good deal. hope your board gets fixed soon.


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## timmyboy188 (Dec 7, 2010)

It was shipped out this morning I guess, so I should have it tomorrow. It shipped about 200 miles from me.


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## Krug (Mar 27, 2010)

timmyboy188 said:


> So when you go to amusement parks, do you walk every ride, check every screw, make sure the rotors and motors, chains and latches are working up to par? I shouldn’t have to be a park inspector to feel comfortable riding it, I pay THEM to make sure it's safe. This is a two week old 500 dollar board, I shouldn’t have to settle for a forever compromised board because the workers cant make a box work right.
> 
> 5 months ago I broke my ankle at an indoor trampoline center, I did a double varial flip and landed on the trampoline with such force and twist, it broke it. I didn’t even THINK of suing them, while all others said was "did you sign a waiver??" like if I didn’t I could sue - ridiculous! However, if it ripped, and I fell though and broke my ankle that is THEIR negligence to have a proper functioning piece of equipment in their facility I paid to go to. Get real if any of you think you would be ok with your brand new NS was permanently F'd up because of something someone could have fixed if they simply bent over and gave a feature a second look. I'm not greedy to the least bit, what I want is fair, and any good company would honor a season pass to me.


If the board is only 2 weeks old and you bought it with a credit card, the credit card will warranty the damage. It is called buyers protection. Call your credit card and I'll bet you have it. Then you can get your board replaced free of charge. Typically buyers protection is good for 90 days past the purchase. Something people don't really think about or use, but it is nice to have. I've used it once or twice. Not only was the credit card company happy to help me out, but they got a loyal customer as well. All you will need to do is have a receipt from NS and a letter or bill of what they would charge to bring the board back to original condition. They will be happy to stroke this out for you if it means you will be buying another board from them. In this case it is more than likely not ever going to be the same, so they will most likely replace it free of charge.

Good luck,

Andy


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## MistahTaki (Apr 24, 2010)

timmyboy188 said:


> It was shipped out this morning I guess, so I should have it tomorrow. It shipped about 200 miles from me.


you should take a pic of it and show us how it looks.


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## timmyboy188 (Dec 7, 2010)

I will def take pics and post them once I get it back. I bought it with my Visa debit card, so no, I didnt use a credit card.


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## timmyboy188 (Dec 7, 2010)

Ugly, not all that happy right now...


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## MistahTaki (Apr 24, 2010)

timmyboy188 said:


> Ugly, not all that happy right now...


holy crap that's ugly but hopefully it'll stay intact.


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## PanHandler (Dec 23, 2010)

did they ptex that gouge going across your board? Looks like a legit repair job though. Sure it doesnt match the base, but the base will be on the snow anyway so nobody will see it.


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## Triple8Sol (Nov 24, 2008)

Whether you're using candles, string, ribbon, or patches, there's clear p-tex and there's black p-tex. Sorry, there's no neon green or fluorescent blue.


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## MistahTaki (Apr 24, 2010)

Triple8Sol said:


> Whether you're using candles, string, ribbon, or patches, there's clear p-tex and there's black p-tex. Sorry, there's no neon green or fluorescent blue.


i wonder if he got it fixed by ns they would been able to match the color.


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## timmyboy188 (Dec 7, 2010)

I know, it sucks. I wish they had color p-tex, but if it holds better being only clear or black, then so be it. It looks like it will hold. But my argument is if that edge comes apart on me down the road, so I'm awaiting a callback to finalize a resolution.


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## Zee (Feb 21, 2008)

I have a neon green base on my SL, and use black to fix the scratches/gouges... no one wants to steal a scarred up board. Looks like a good repair job


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## timmyboy188 (Dec 7, 2010)

Well I finally resolved things. I tried getting the season pass from the manager at guest services, but the girl I dealt with was just basically a bitch from the start, so I knew I needed to talk to someone else. Anyway, the park manager called me back today, really cool guy. He is giving me two tickets when I go up there to ride Sunday, and every time I come up, he said to just call him ahead of time and he will hook me up with a ticket. He also said when I'm ready for another board, he would hook it up at about cost! Pretyy stoked. I told him I thought he was being super cool about all this, and he proceeded to tell me a story about how he got F'd over from a mountain bike company similar to my situation, so he knew my pain. 

With all that said, if you have a similar situation, and you feel you should be compinsated for the damages, just talk to every manager, not just one, SOMEONE will help you out. Very happy, glad I can keep going back to this mountain and not be bitter about anything. Sucks only 4 rides in and my board looks like it was raped by Freddy Kruger, but oh well, it still rides perfectly.


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## PanHandler (Dec 23, 2010)

glad hes taking care of you. Also glad your board rides like normal. honestly nobody is gonna be staring at the base of your board, and if someone is then your wasting time that you could be using to ride


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## timmyboy188 (Dec 7, 2010)

Thanks man. Yeah it's all good I guess. I just figured I'd make it through at least this season before beating it up that bad, but go figure, my first actual nice baord I've purchased, and I've beaten worse then even when I used to do urban riding on my Burton Air, lol. Not the best choice, but damn that board is toast now, it's actually hanging on my garage wall now.


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## snowklinger (Aug 30, 2011)

that repair job looks real nice imho, i've only seen a couple, but they looked like absolute shit compared to that (rail rebuilds).

keep building the relationship with that dude and you will no doubt be able to grab the board and even more gear at insider pricing! 

your SL is like a honda, it will still resell well :thumbsup:


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## BurtonAvenger (Aug 14, 2007)

Thread Digger!


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## snowklinger (Aug 30, 2011)

damn i didnt even notice...

heh.


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## BurtonAvenger (Aug 14, 2007)

That's actually a good album.


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