Gwyneth Paltrow Sued Over Ski Collision

In a riveting bit of news, famed actress Gwyneth Paltrow was sued by a skier with whom she collided. According to the 76-year-old plaintiff, Paltrow plowed into him at full speed, causing injury. The man characterized the force of the blast as a “full body hit”. The plaintiff had originally asked for $3 million, but that number has since been lowered to $300,000. Paltrow is countersuing for the cost of her legal fees and $1.

Utah law states that the lower a skier down a hill has the right of way and the higher skier has a duty to avoid. Further, in most cases, lawsuits like these are prevented by “assumption of risk” rules. Even further than that, states like Utah want to protect their cottage industry from personal injury lawsuits, so the rules benefit the economic interests and not potential injury victims. For all these reasons, many are shocked that this lawsuit is going to trial at all. The plaintiff looks poised not only to lose his case, but pay Paltrow’s legal fees after the fact.

How would you win a lawsuit like this? 

You would have to claim that the defendant was negligently operating their skis and placing the general public in danger when they steamrolled you and you were injured. At that point, the liability would fall on the skier who was out of control. That being said, in the majority of cases a rational human can imagine, no one is ever skiing up the hill. Hence, the individual who was hit probably was lower and had the right of way.

It remains unclear how the collision occurred. There was a ski instructor who allegedly attended the man after his injury, but the ski instructor said he did not see the collision and later believed the matter was caused by the plaintiff.

There is a second claim against the resort that states that the resort and Paltrow failed to render aid after the collision. This could hurt the defendants, but at this point, they vehemently deny that occurred. If it did occur, then that would be actionable as it increased the pain and suffering of the victim and delayed treatment. Plus, they had a duty to render aid at the scene. Ultimately, the plaintiff is going to have to establish that he was left unattended but it seems unclear where he gets that evidence from since the employee and Paltrow both claim otherwise.

The defendants, meanwhile, are in a very strong position to defend this suit. The plaintiffs may be hoping they can get Paltrow on the stand and trip her up, but there is, at this point, no apparent evidence that holds the defense liable.

Talk to a Jacksonville Personal Injury Lawyer Today 

Injured by Gwyneth Paltrow? Call the Jacksonville personal injury lawyers at Gillette Law today to schedule a free consultation and recover damages related to your injuries.

Source:

newsweek.com/gwyneth-paltrow-trial-hinges-key-witness-ski-collision-1789127