Finally, the Washington state courts have interpreted the Washington Ski Safety Act as not relieving ski areas of liability for their own negligence. Although the statute imposes both primary and secondary duties on skiers, it “does not purport to relieve ski operators from all liability for their own negligence.” Scott By & Through Scott v. Pac. W. Mountain Resort, 834 P.2d 6, 15 (Wash. 1992). Further, ski resorts owe a duty to skiers, who are business invitees, to provide “reasonably safe facilities.” Id. at 16. The resorts must “discover dangerous conditions through reasonable inspection, and repair that condition or warn the invitees, unless it is known or obvious.” Id. at 15; see also Brown v. Stevens Pass, Inc., 984 P.2d 448, 451 (Wash. Ct. App. 1999).

This brief survey reveals a variety of differing approaches to the issues. That the ski industry might be important to the state’s overall economic well-being does not in itself mean that the ski industry will be provided absolute immunity.  The various approaches can help guide Colorado practitioners in determining what constitutes an inherent risk and, in particular, what is and what is not integral to the sport. For example, the requirement of the New York statute regarding inspection of runs and padding of man-made objects is instructive. Wyoming’s decision to criminalize skiing while impaired and for reckless skiing also is instructive of what can be done to provide a safer skiing environment while maintaining the exciting nature of the sport.

Although Colorado law controls as to Colorado ski accidents, the significant number of out-of-state skiers, combined with the media scrutiny the subject has received, may foster preconceived notions for clients about what responsibilities other skiers or ski areas may have. Therefore, it is helpful for the practitioner to be conversant with the rudimentary aspects of alternative and out-of-state ski law, as well as to be able to compare how Colorado ski law works when advising, for instance, a New York or California client on the particulars of his or her accident case.

These are difficult issues. This information here is for educational purposes. If you have been injured while skiing or snowboarding and have questions about whether you have a claim you should call or email now for a free consultation. We are always happy to answer your questions even if you aren’t sure yet if you want to hire a lawyer