Wyoming
If you have been injured by another skier or snowboarder, you may be able to recover monetary compensation for your injuries. Please fill out and submit a contact form or call us on our main line at 720.780.0769. We will listen to your story and help you if we can. If it is an emergency, please call Jim Chalat on his cell and if he cannot pick up right away he will forward your message to a partner at the firm. All of the lawyers in the firm have extensive experience in representing injured skiers or snowboarders who were injured due to another skier’s negligence. The consultation is free, even if it is time-consuming and if we need to read records you have about the possible case. We are always happy to answer your questions even if you aren’t sure yet if you want to hire a lawyer.
Negligent skiers
Who is Responsible?
Who Pays?
Who is Responsible?
Skiers may recover for the negligence of another skier from that skier. Notwithstanding any other provision of law, the risk of collision with other skiers is not an inherent risk nor a risk assumed by a skier in an action by a skier against another skier. Wyo. Stat. Ann. § 1-1-123.4(c).
Who Pays?
Many skiers and boarders have either homeowner’s, renter’s, or even travel insurance that will cover them for their fault. If another skier or boarder is at fault for the collision, we can help you find their insurance and make a claim.
operators of ski areas
Who is Responsible?
Who Is Responsible Cont.
Who is Responsible?
A skier may not make any claim against or recover from any ski area operator for injury resulting from any inherent risk of skiing. Wyo. Stat. Ann. § 1-1-123.4 (b). Wyoming law also does not require Operators of ski areas to eliminate, alter or control the inherent risks of skiing or snowboarding. Wyo. Stat. Ann. § 1-1-123(b). Wyoming law defines the inherent risks of skiing as those dangers or conditions which are characteristic of, intrinsic to, or an integral part of skiing or snowboarding. More specifically, the inherent risks of skiing include: (A) Changing weather conditions; (B) Falling or surface snow conditions, whether natural or man-made, as they exist or change; (C) Surface or subsurface conditions including bare spots, forest growth, rocks, stumps, streambeds, cliffs, extreme terrain, trees or other natural objects; (D) Collisions or impacts with natural objects such as the objects specified in subparagraph (C) of this paragraph including encounters with wildlife; (E) Impact with ski lift towers, signs, posts, fences or enclosures, hydrants, water pipes or other man-made structures and their components subject to W.S. 1-1-123.3(k); (F) Variations in steepness or terrain, whether natural or as a result of ski trail or feature design, or snowmaking or grooming operations such as roads, freestyle terrain, jumps and catwalks or other terrain modifications; and (G) Collisions with other skiers. Other items included in the list, and others that are not listed, and including the use or operation of ski lifts may, as a matter of fact, be “inherent risks” although those questions must be decided by the fact finder based on the evidence presented. See a published article written by Jim Chalat, Liability of Ski Area Operator for Skiing Accident, 45 Am.Jur. POF3d 115, 150–51, § 17 (Broad judicial interpretation of inherent danger ski statutes as primary assumption of risk) (1998 and Supp.2005).
Who Is Responsible Cont.
Ski area operators have strong protections written into the law, but the protections are not without limits. Wyoming law does not preclude a skier or snowboarder from prevailing on a negligence claim against the Operator of a ski area when he or she suffers damage, injury or death that is not the result of an inherent risk of skiing. If reasonable minds could differ as to whether or not the risk was one inherent to skiing, then answer to the question is one to be determined by a jury. Jackson Hole Mountain Resort Corp. v. Rohrman, 150 P.3d 167, 168 (Wyo. 2006) Amongst other things, Operators of ski areas shall: (A) Post and maintain a sign visible to skiers at or near the beginning of a trail that depicts and explains the degree of difficulty of the trail relative to each individual ski area; (B) Post and maintain a sign at or near the loading area of a ski lift that states the relative degree of difficulty of the trails serviced by the lift; (C) Mark or identify on trail maps the ski area boundaries; (D) Post a sign notifying the public if a trail or portion thereof is closed at the identified entrance of the trail or portion thereof; (E) A ski area operator shall post signs in the ski area or on trail maps warning skiers of encounters with ski area vehicles; (F) Shall equip ski area vehicles with a light and a fluorescent flag mounted at least five (5) feet above the bottom of the vehicle’s tracks visible at any time the vehicle is moving on or in the vicinity of a ski trail; and, (G) Shall mark hydrants, water pipes and all other man-made structures on slopes and trails which are not visible to skiers under conditions of ordinary visibility. Wyo. Stat. Ann. § 1-1-123.3.
Are skier/snowboarder collision cases barred by waiver?
Typically not. The ski pass waiver and/or assumption of risk language on a lift ticket do not immunize other skiers or riders from liability. Except in the rare case where you are run down by a ski area employee in the course of his/her duties, the liability waiver on your season pass or the assumption of risk language on your lift ticket do not protect the other skier from responsibility and liability.
can claims against the operators of a ski area be barred by waiver?
Wyoming courts will enforce clauses releasing parties from liability for injury or damages so long as the clause is not contrary to public policy. Generally, specific agreements absolving participants and proprietors from negligence liability during hazardous recreational activities, such as skiing or snowboarding, are enforceable, subject to willful misconduct limitations.
How do you prove fault?
You can help us in the early stages with the evidence in the case. Here are some items that are helpful:
- Your lift pass, and your lift pass scan data for the day in question. These may help us establish the timing of your last lift up, and to determine speed and location relative to the other party involved.
- Any photos or mobile phone data, such as tracking data, times of calls, texts.
- Preserve your clothing and equipment worn at the time of the collision. Usually the skis or board on which you were riding will have gouges, marks or damage which establish the relative positions and direction of travel of the parties involved.
- Any medical records, such as discharge summaries, CD’s with x-rays or scan data.
- The exchange of information form from Ski Patrol with the other party’s name, address, and contacts.
- Any ski patrol incident report forms which you get from Ski Patrol.
- The trail map for the area at which the incident occurred.
- Names and contact details of any witness who came forward and indicated that they had observed the accident.
Saftey Considerations
In addition to the basics of skiing in control, avoiding collisions with things or people, keeping a lookout, here are some basic safety considerations for skiers and riders:
- Inspect your equipment. Your bindings should be adjusted professionally and serviced before the season. If you want to do this yourself, know what your correct DIN setting should be, be sure that your boots can releaser properly at the correct forward pressure and twist. Some professionals make sure they can kick out of their bindings to test the release function.
- Be sure to wear your glasses or contacts if you need them to see distances. Our rule is that if a person’s driver’s license is restricted for glasses while driving, a reasonable skier or snowboarder should wear his or her correction when skiing or riding. Acquire and wear goggles or, when appropriate, high altitude protective sunglasses with an adequate UV, polarizing and other safety standards.
- Wear clothes that enhance your visibility. White pants with a forest green parka is not an ideal outfit. You want to stand out; not blend into the background.
- Improve your fitness and your skill. Stay in shape to ski or ride. Take a lesson and work on your form, skill, turns, and control.
- Carry the most basic 1st aid gear. Carry your phone. Dial 911 if you need ski patrol. Most ski area ski patrol dispatch stations will get a forward from 911 if the caller identifies him or herself as at a ski area with an injury or other matter calling for attention.
Snowboarders, in addition to the above:
- The front foot should be attached to the board by the leash.
- Backside turns: look behind you and check your blind spot.
- Kneel or stand facing up the hill when stopped on a run; stay to the side of the trail.
- When riding a lift, detach your rear foot.
All Skiers and riders:
- Consideration of the other Skiers: Every skier has to behave in a way he or she doesn’t endanger or damage any other skier or snowboarder.
- Controlling of speed and way of skiing: Every skier has to ski on sight. He has to adapt his speed and way of skiing to his
- abilities and the conditions of the terrain, the snow and the weather as to the traffic density.
- Choice of track: The skier coming from behind another has to choose his track so that skiers before him won’t be endangered.
- Overtaking: Overtaking is allowed from above or below, from right or left but always with a distance so that the skier being overtaken has space enough for all his/her movements. Snowboarders be aware of your blind sport (left side for regular, right side for goofy) and check before making any maneuver.