Kralik v Mount Seymour Resorts $(2008)$ BCCA $97$

Kralik, an experienced skier, was trying to clear some snow and ice from the chair of a chairlift as it moved towards him from the boarding ramp.

Too focused on this task, he failed to seat himself in time.

Instead of moving away and waiting for the next chair, Kralik instinctively grabbed onto the chair he had been cleaning and dangled from it as the chair began to ascend.

He let go and fell about $3m$ to an embankment below.

His right shoulder sustained injury, causing him loss of future earning capacity. Was the ski resort negligent?

Was kralik contributory negligent for failing to pay intension as the chair appeoached him and grabbing onto it at the last second.