Ski Lawyers

SKI LAW

Most states where skiing and snowboarding take place, including Colorado, have laws that specifically address injuries that occur at a ski area. These laws set forth the the rules and regulations that govern ski area operations and which determine when a person who is injured in an accident at a ski area may recover for their injuries.

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There are several types of liability cases that can arise as a result of a ski or board accident.  These include:

 

• Skier and Snowboarder Collisions

• Collisions with Objects

• Ski Area Liability

• Ski Lift Accidents

• Ski Instructor Negligence

• Ski Equipment Defect and Negligence

 

There are other potential types of claims as well, but these are the most common.  Will will explain each of these below:

 

SKIER AND SNOWBOARDER COLLISIONS

 

The most common type of claim arising from an accident at a ski area is a skier-to-skier collision (including snowboarders). Most states have laws in place that require all skiers and snowboarders to ski under control at all times and in all types of terrain. Unfortunately, many people don't. Ski areas train their Ski Patrol personnel to be on the lookout for any out-of-control skiers and boarders, but they can't be everywhere all the time. If you are injured by another skier or boarder, they are liable for your injuries. Most homeowner's insurance policies will cover those people for their negligence. This is where we come in. As Ski Lawyers, we can determine who was at fault and whether they have insurance coverage to pay for your injuries and damages.

 

COLLISIONS WITH OBJECTS

 

Many injuries at a ski area occur when people colide with objects. Some objects on a ski run are required for the operation of a ski area and inherent in the dangers of skiing, but some are not. The law has evolved over time to make distinctions as to what types of objects will give rise to liability when someone collides with them on a ski run. There are many factors that go into the analysis of whether or not this type of ski area accident results in liability on the part of the ski area of someone else.

 

SKI AREA LIABILITY

 

In Colorado, as in many states, there are laws that protect ski area operators from liability for accidents occurring at the ski area.  Specifically, if the accident arises out of some danger that is inherent in the sport of skiing, then the ski area is immune from liability. These laws were enacted to help ski area operators avoid being sued for every injury that occures at the area. Skiers and boarders essentially assume the risks inherent in the sport of skiing when they buy a lift ticket and step foot onto the ski area. There are certain limits to this immunity however. If someone is injured and the danger or negligence that caused their injury was not necessarily inherent in the sport of skiing (boarding), then the ski area may be liable. These cases must be considered carefully on a case-by-case basis. No accident and no case is the same. That is why it is important to discuss the facts of your potential case with one of our expereineced lawyers to determine whether or not the ski area may be liable for your injuries.

 

SKI LIFT ACCIDENTS

 

One potential area of liability for ski area operators and ski lift manufacturers are ski lift accidents. These are even more specialized types of cases. There is also the potential liability for the negligence of ski lift operators for people entering and exiting chair lifts and gondolas. Again, each of these cases must be considered on a case-by-case basis with no two cases being the same.

 

SKI INSTRUCTOR NEGLIGENCE

 

While most ski instructors are highly-experienced professionals, accidents and injuries can still occur. Having said that, most of these injuries are not necessarily the fault of the instructor, especially since most people taking lessons are beginner skiers and boarders are more prone to falling and sustaining injuries. In rare instances, however, a less-experienecd instructor may place a student skier or boarder in an inappropriate situation which could potentially lead to injury. The ski area would be liable if this were to occur as this is not a danger that is inherent to the sport of skiing, even for a beginner.

 

SKI EQUIPMENT DEFECT AND NEGLIGENCE

 

Another type of liability may arise when someone is injured as a result of a ski equipment defect. This could be caused by the improper installation or adjustment of ski bindings or other ski equipment. If you are injured and you feel that it was caused by improperly installed or adjusted ski bindings, it is best to take photos of the bindings, with a close up of the settings on both the toe and heel setting markers and to keep a copy of all paperwork that you are given by the shop that installed or rented the skis to you. You should also report the injury to the shop and fill out a report of injury with the shop. Then you will need a lawyer to review the facts to determine whether or not the shop would be liable in your particular situaltion.

 

Click on the following links to see these State Ski Laws: