The Effects Of Skis Should Not Have Been Sold Essay

734 Words Nov 26th, 2014 3 Pages
Parents argue that skis should not have been sold to Neal, their twelve-year old son due to the fact he ‘was clearly too young and inexperienced,’ but with a statement left so broad, who is to determine the criteria to be considered ‘too young and inexperienced’? Without a legal age limit statute to direct retail stores, such as Outdoor Outfitter (OO), who and who is not legally allowed to purchase skis, retailers, such as OO, are left to assume that the market for skis can be considered similar to that of any other outdoor sports. Take football as an example, would a reasonable person consider a store, such as Dick’s Sporting Goods, to be liable for a football player’s concussion from playing football? This would be a highly unlikely accusation. In this situation Neil states that ‘he really wants to go skiing’ and that he has ‘never been before,’ these two statements alone are not enough to hold OO fully liable for Neil’s injuries. Neil assumes the implied assumption of risk when he decides to partake in his skiing endeavor. In reaction to Neil’s statements the salesperson advises Neil to take a lesson before participating in the sport. This suggested statement made by Outdoor Outfitters salesperson to Neil gives OO the ability to use contributory negligence as another claim for defense. Neil ignores the advice from the salesperson, whom possesses enough knowledge to advise a customer cautionary measures to take in assuming the risks of the sport. Due to Neil’s voluntary…

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