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Depending on the specifics of your case, a skier or snowboarder who caused an accident by skiing recklessly can be held liable for injuries in Colorado. Likewise, a ski resort can also be held liable if a ski accident is the result of malfunctioning or improperly maintained ski lifts or other equipment from their negligence or dereliction of duty (such as improper trail maintenance). Our ski accident attorneys at Chalat Hatten & Banker will fully investigate your claim to determine which party or parties are responsible for your injuries and hold them accountable.
Always carry a compass and a whistle. Do not assume your cell phone will have coverage, if you are in the back country have reliable communication equipment. And you may consider carrying a personal locator beacons, avalanches can occur even in-bounds at most ski resorts.
Most states, including Colorado and Utah, employ an assumption of risk or inherent risk doctrine which protects ski areas against claims arising from the inherent dangers of downhill skiing and snowboarding. However, these states allow recovery against ski area operators for injuries caused by those hazards which are not “inherent dangers.” These may include open excavations, parked heavy machinery around a blind corner, collisions with moving equipment which is the fault of the operator’s employee. Terrain park and tubing hill injuries are often the most severe. The law in this area is developing as fast as the sport itself.
The ski area operator may be liable for accidents resulting from improperly designed or maintained trails, unmarked man-made objects on groomed slopes, or in-area avalanches. Accidents may also result from negligent operation of snow maintenance vehicles such as snowmobiles or snowcats.
Most states mandate minimal safety standards for the operation of the ski areas, which if specifically violated, form the basis of a claim against a ski area operator for a downhill skiing/snowboarding accident. Absent a specific statutory standard, the presumption in favor of the ski area operator that the accident was a result of an inherent danger is only rebuttable through evidence that the accident was not an “inherent danger.” Thus, exceptions such as downed telephone wires, or heavy equipment parked around a blind corner, may be the basis for a claim against the ski area operator.
Laws typically hold ski area operators to a high standard of care in the operation, use, and maintenance of lifts, trams, and tows.
Ski lifts are relatively simple mechanical devices, most with established technology and a high degree of safety. However, equipment failures do occur and given the circumstances of use, catastrophic injuries can result. When the injury occurs during the ride, that is after loading and before unloading, generally the cause is poor maintenance by the ski area operator or an engineering design or manufacturing defect. Over 90% of all lift accidents arise while the skier is either loading or unloading and are a consequence of either skier error or improper operation by the lift attendant.
The liability question is generally settled after balancing the operator’s duty to exercise the highest degree of care against the skier/passenger’s duty to pay attention, have the requisite skills to board the lift, and to heed all posted information and instructions. Unloading accidents can be the result of an operator’s negligence caused by an inadequate ramp and snow maintenance and/or the failure to stop the lift to allow known inexperienced skiers to exit safe.
In most ski states, if you are involved in an accident on the slopes you must provide your contact information with the other skier. Leaving the scene of an accident without doing so may result in criminal charges. If any party is seriously injured, ski patrol should be called immediately and all involved skiers are required to provide the reporting patrollers a statement. Do not move any person who has lost consciousness or may have neck or back injuries. If you believe you have been injured, seek medical care immediately. If possible, take photos or video of the skiers involved and the location of the accident on the slope.
Following a ski accident, keep your equipment and clothes for inspection by a forensic engineer. Also keep your ski pass or lift ticket. And if the accident was not your fault, contact a ski lawyer promptly. Ski area employees, including ski patrollers, tend to be seasonal workers and transient. Ski areas also vary trails and signage from year to year, and of course snow conditions vary dramatically. For the best evidence to be collected, the accident site should be inspected by a professional expert or your lawyer as soon after the accident as possible.
Ski collisions, ski lift failures or falls and ski area negligence.
The most common type of accident that occurs on the slope is when a skier or snowboarder collides with another skier or snowboarder. Sometimes, ski accidents can be minor. But when skiers and boarders collide at high speeds, accident victims can sustain severe, and sometimes, catastrophic injuries. The Denver ski collision attorneys at Chalat Hatten & Banker have specialized in ski law for over 30 years. We have handled more ski injury cases than any firm in the U.S.
When a skier or snowboarder is injured in an accident, a complicated system of rules, regulations, and ski safety statutes will determine whether a claim can be brought against the responsible party. Typically, the claim will be covered by homeowner’s insurance for the responsible party. However, insurance companies can be notoriously difficult to deal with when it comes to ski and snowboard accident claims. Your main focus should be healing while letting our ski accident attorneys in Denver handle the fight. Read a more in-depth answer in this article authored by senior attorney Jim Chalat.