Cases against ski area operators generally either involve ski lifts, or unmarked manmade obstacles.
Most ski lift cases involve accidents when loading or unloading chairlifts, or caused by mechanical failures. In loading/unloading cases, the argument centers on whether the lift attendant failed to either stop or slow the chairlift for the safety of passengers. Mechanical failure cases often bring in more complex questions of product defect law. In both cases, the ski area operator must comply with extensive state regulations governing ski lifts.
Other claims against ski areas often come from collisions with unmarked manmade obstacles. Structures on slopes and trails must be readily visible to skiers under conditions of ordinary visibility from a distance of at least one hundred feet. These structures include snowmaking equipment, signs, posts, and phone stations. They must be adequately covered with a shock-absorbent material that will lessen injuries.
Every skier signs a waiver when buying a lift ticket. We can often carefully craft claims against ski area operators in terms of a violation of the law or regulations governing ski areas and lifts to defeat the waiver.
Founding partner, Jim Chalat, is a leading academic on issues of ski area liability, and provides a deep-dive on the issues in his recent article, here.
Cases against ski resorts may involve complicated questions of law, regulations, operations and maintenance. It is important to consult with a lawyer who has experience with these types of cases because they are so unique. Please contact us to discuss your case.
Every case begins with a story and we want to hear yours. Call and you will reach a partner of the firm, probably the one who will handle your matter. We will answer your questions, explain the legal basis for a possible claim and how we can help.
Every successful case is won on strong evidence, and we understand the need to act quickly and efficiently to preserve physical evidence. Most jurisdictions have specific protocols with which we are familiar. We also effectively interview potential witnesses, including law enforcement, and visit the accident scene to best understand the physical setting. Background research on the responsible party is usually conducted at this point.
We will work with the resort to obtain a complete copy of the incident report. All relevant medical records must also be collected. For serious injuries, this is involves a complicated web of treatment providers, medical facilities and insurance coverage.
A careful case review will be performed by your lawyer to assess the strengths and weaknesses of your case. Then the conclusions of this review are presented to you in a thorough, understandable manner. Together, you and your lawyer will decide on the best course of action.
Begin your case review process
Every case begins with a story and we want to hear yours. Call and you will reach a partner of the firm, probably the one who will handle your matter. We will answer your questions, explain the legal basis for a possible claim and how we can help.
Every successful case is won on strong evidence, and we understand the need to act quickly and efficiently to preserve physical evidence. Most jurisdictions have specific protocols with which we are familiar. We also effectively interview potential witnesses, including law enforcement, and visit the accident scene to best understand the physical setting. Background research on the responsible party is usually conducted at this point.
We will work with the resort to obtain a complete copy of the incident report. All relevant medical records must also be collected. For serious injuries, this is involves a complicated web of treatment providers, medical facilities and insurance coverage.
A careful case review will be performed by your lawyer to assess the strengths and weaknesses of your case. Then the conclusions of this review are presented to you in a thorough, understandable manner. Together, you and your lawyer will decide on the best course of action.