Jackson Hole, WY – A New York couple filed a lawsuit last week in Wyoming against a ski rental shop that they say failed to prevent an injury in 2008.

Ann and Lawrence Cohn were visiting Jackson Hole Mountain Resort and rented equipment from the shop located in the Four Seasons Resort Jackson Hole in Teton Village. Ann Cohn fell on a beginner run and the binding failed to release, according to the lawsuit filed in 9th District Court in Wyoming, and dislocated her knee and broke her fibula and tibia in 40 places.

The lawsuit alleges that the Four Seasons Resort negligently failed to inspect and adjust the equipment. It asserts that such an injury could not have occurred from a low-speed fall on easy terrain in the absence of such negligence.

“The likelihood of recovery by the plaintiffs is low,” commented David B. Cronheim, Esq, Chief Legal Correspondent for First Tracks!! Online Media. “The waivers and disclaimers contained in rental agreements normally provide an excellent defense for ski shops. Most people are in such a rush to hit the slopes that they skip right over the fine print on their rental contract. They dutifully initial and sign wherever they’re told without reading the text. However, people would do well to remember that choosing not to read the contract isn’t a defense. The contract is almost always still enforceable in accordance with its terms whether you read it or not.”

The litigation seeks unspecified damages from the defendant.

“The likelihood of recovery by the plaintiffs is low,” commented David B. Cronheim, Esq, Chief Legal Correspondent for FirstTracksOnline. “The waivers and disclaimers contained in rental agreements normally provide an excellent defense for ski shops. Most people are in such a rush to hit the slopes that they skip right over the fine print on their rental contract. They dutifully initial and sign wherever they’re told without reading the text. However, people would do well to remember that choosing not to read the contract isn’t a defense. The contract is almost always still enforceable in accordance with its terms whether you read it or not.”