The Massachusetts Supreme Judicial Court has interpreted a statute to require injured skiers who wish to sue ski area operators to give the operators notice of the skier?s claims within ninety days of the injury and comply with a one-year statute of limitations. Failure to give timely notice of the claims will preclude bringing the suit at all. Both the court majority and the dissenting justices attributed these unusually short limitations to bringing actions to a legislative policy. Both concluded that the legislature evidently placed a higher value on the economic vitality of the Massachusetts ski industry than on the rights of injured skiers to seek recoveries in tort and contract from ski area operators. Analyze this case from a utilitarian perspective.
This question was answered on: Jul 11, 2017
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