Blackcomb Skiing Enterprises is being sued by the British Columbia Government, for medical expenses incurred by a snowboarder for treatment of her injuries inflicted when climbing up a cliff, two years ago.
Amanda Yan’s snowboard got caught by an edge and she fell, when she was snowboarding on the mountain on April 19, 2008. As the legal action claims, she fell off on the Crystal Road run which was located over a cliff and below a steep embankment.
The lawsuit filed in B. C. Supreme Court expressed that the fall caused Yan a mild damaging brain injury, her two vertebrae got displaced and three other vertebrae got fractured. It added that her right thigh bone and a wrist bone in her right hand also got fractured. Her left kidney and a lung got affected with injuries. Yan is currently pursuing her own lawsuit against Blackcomb Mountain, which remains a separate legal entity to Whistler Mountain despite the merger in 1998.
Both lawsuits allege that Blackcomb is negligent for not placing a barrier and sign warnings on the ski run where Yan fell. The lawsuits also accused the Company for not performing measures such as maintenance and investigation of the site to prevent an accident. The province alleges that warning signs were inadequate, and that the company should have placed a barrier in that area to prevent this kind of accident.
The health care costs have been demanded under the Health Care Recovery Act by the Government. The incident in question involves Amanda Yan, who was snowboarding on the Crystal Road run when she caught an edge and went off the road and then over a cliff.
Under the Health Care Recovery Act the province is committed to recouping some of their costs of providing health care to accident victims through the court system. From April 1, 2009 to June 2010 the province launched 5,069 such cases, of which 974 were closed. In the first fiscal year of the legislation (2009-2010) some $2.4 million was recovered.
Whistler Blackcomb must file a Response to Civil Claim 21 days after receiving notice from the province.