context: This does not mean, however, that the HCT Release has no force and effect if the Mitchells characterize an inherent risk of snowmobiling as a negligence claim. It will be for a jury to decide whether the collision occurred because of the inherent risks of snowmobiling or whether it was caused by negligence, including Ms. Mitchell's negligence, that could and should have been avoided.
citation_a.signal: see
citation_a.parenthetical: "[P]roximate cause is a question of fact for the finder of fact to determine."
citation_a.sentence: See Wells v. Vill. of Orleans, Inc., 132 Vt. 216, 315 A.2d 463, 467 (1974) (“[P]roximate cause is a question of fact for the finder of fact to determine.”); see also Estate of Frant v. Haystack Group, Inc., 162 Vt. 11, 641 A.2d 765, 771 (1994) (ruling that what constitutes an “obvious or necessary risk” of a sport covered by Vermont’s sports injury statute, is a question of fact to be decided by a jury); Nelson v. Snowridge, Inc., 818 F.Supp. 80, 83 (D.Vt.1993) (“The question of what dangers are obvious and necessary and therefore inhere in a sport is generally one for a jury to decide.”).
citation_b.signal: see also
citation_b.parenthetical: ruling that what constitutes an "obvious or necessary risk" of a sport covered by Vermont's sports injury statute, is a question of fact to be decided by a jury
citation_b.sentence: See Wells v. Vill. of Orleans, Inc., 132 Vt. 216, 315 A.2d 463, 467 (1974) (“[P]roximate cause is a question of fact for the finder of fact to determine.”); see also Estate of Frant v. Haystack Group, Inc., 162 Vt. 11, 641 A.2d 765, 771 (1994) (ruling that what constitutes an “obvious or necessary risk” of a sport covered by Vermont’s sports injury statute, is a question of fact to be decided by a jury); Nelson v. Snowridge, Inc., 818 F.Supp. 80, 83 (D.Vt.1993) (“The question of what dangers are obvious and necessary and therefore inhere in a sport is generally one for a jury to decide.”).