A five-year-old-girl was injured on a beginner trail when a skiing instructor collided with her at about 50 miles per hour. It happened earlier this year at Jay Peak Resort in Burlington, Vermont.
According to the lawsuit, five-year-old Juliana Kane was with six other kids on the beginner trail Interstate, when William Vincent, who was snowboarding, collided with the little girl without even slowing down. The president for Jay Peak resorts says that Vincent was fired the week before and was using a free ski pass he had acquired during his employment there.
The child was treated for a liver laceration, concussion, a partially collapsed right lung, a pulmonary contusion, hearing loss, damage to her left inner ear and additional injuries. The family’s lawsuit alleges that the resort was negligent in how it trained the instructor, Jenn Leveillee. They say the instructor had stopped the class on a dangerous part of the trail, where it was hard to see, and that she did not look uphill before setting out on the trail with the youngsters.
Personal injury cases involving children are handled slightly different than such cases that involve adults. Children cannot make their own decisions and cannot make decisions in their own best interests. The law protects this deficiency by appointing a guardian ad litem in addition to the Connecticut personal injury lawyer that the family has retained. The guardian ad litemmakes decisions in the child’s best interest. In some cases, this may be a minor child’s parent, but in some cases it may have to be someone even further removed from the situation. The child’s attorney nominates this person. Although they act in the best interest of the child, a guardian ad litem is not party to the suit and has no claim in the case.
The other difference in a case involving a child is that any settlement that is recovered is placed into a low-interest bearing account that is locked until the child turns 18 years-old. This is to ensure that the child receives the settlement and it is not used by the parents.
If a child or family member in your family has been involved in an accident, contact the personal injury attorneys at The Pickel Law Firm.