Skiing is one of the most popular winter sports. And the Colorado Mountains, a natural treasure of the United States, attract hundreds of thousands of tourists, who want to enjoy the majestic landscape and the slopes. Understandably, the ski industry has developed rapidly, and now you can choose from various ski area operators and resorts. But not all skiing trips go well, and many people suffer severe accidents in skiing and snowboarding accidents. In this case, are ski resorts liable for your injuries? An experienced personal injury attorney at Firouzbakht Law Firm weighs in and will give you some answers in this article. Please note that this information does not represent legal advice, which you can obtain only after presenting your case to us.
The ski industry is a big contributor to the budget of the state of Colorado. Thus, in order to protect this industry, there are various laws in place that protect ski resorts from lawsuits. Unfortunately, most of your options for taking legal action against ski lift operators and resorts are currently restricted. However, as we will explain later on in this article, there is hope for the future. Lawmakers have understood that a ski area operator cannot have immunity from lawsuits if one of their guests suffers severe or catastrophic injuries on their premises.
The issue of skier safety is covered by the Ski Safety Act of 1979. Unfortunately, it does not contain actual policies that benefit guests in case of ski accidents. In fact, the law clearly refers to the "inherent dangers and risks of skiing", meaning that skiers must accept a risk of injury due to:
However, these inherent risks do not exclude a resort's exemption from liability for the ski injuries suffered by guests. Their liability exists if the ski or snowboarding injuries were caused due to:
Thus, if you want to know if you really have a case against a ski resort, you should hire ski injury lawyers and present the most detailed information you can about how your injury happened. They will advise you whether you can hold the ski resort responsible for your injuries or you can file a personal injury claim against a different party..
The average recreational skier can reach speeds of 10-20 mph going downhill. At this speed, the impact with another person or with an object may cause severe skier accidents resulting in bodily injury and emotional trauma. Resort owners should strive to create safe skiing conditions for everyone, from beginners to advanced skiers.
However, according to recent statistics, 55 injured skiers arrive at the emergency room every day in the Colorado Mountains. The most frequent types of injuries they suffered were, in descending order:
As for the outcomes of these accidents, the injured skiers were:
Unfortunately, skiing can also lead to a fatal accident.. Currently, two such instances have resulted in ongoing wrongful death lawsuits filed by the bereaved families.
Accidents at ski resorts can happen for various reasons. In many cases inexperienced skiers may collide with another skier. In this case, the only chance of getting fair compensation for your injuries is by filing a personal injury lawsuit against the other skier. To avoid such unfortunate accidents, skiers should use common sense, ski on slopes suited to their experience level and avoid accident risk by not skiing on days with adverse weather conditions.
However, ski accident victims were also hurt in ways that makes them wonder whether they have a legitimate claim against ski operators. These situations include:
In each of these cases, you should retain legal representation to identify the responsible party and even determine whether your compensation claims should include punitive damages for the party's reckless actions.
When you buy a ski pass, you will see tiny-print waivers on its back. These waivers are the legal leverage ski resorts have against potential liability. The liability waivers include specific and detailed rights you have to renounce when you purchase the ski pass. Such standard ski resort waivers state that:
Practically, ski resorts refuse all types of responsibilities for skier safety, although skiers are their primary source of revenues.
Unfortunately, a recent court ruling has determined that the ski pass waivers supersede the Ski Safety Act. However, the plaintiff in the case, a skier who suffered chairlift injuries, is determined to appeal to the Supreme Court and see this ruling overturned.
The current legal framework offers little protection to skiers. Even a highly experienced ski accident attorney can find little legal ground to prepare and win a case against a ski operator for injury sustained by one of their clients. There should be more safety at ski slopes, and less laws protecting a resort from liability at all costs.
And this is exactly what lawmakers plan to do with Bill SB21-184, which amends and updates the existing Ski Safety Act. If it is adopted the bill would ensure that:
The introduction of these legal obligations would also create liability for the ski industry employees to demonstrate an increased duty of care towards their clients.
At Firouzbakht Law Firm, we strive to get justice served. If you were injured on a ski slope or in any other parts of a ski resort and you believe someone's negligence caused you bodily injury and property damage, we encourage you to contact a personal injury lawyer for a free consultation.
We will examine your case and present you with the legal options you have. Do not believe that you are alone and helpless in such a situation. Call us now: (720) 547-2211!
