Is the Ski Resort Liable if I’m Injured on Vacation?
They might be, but they are not responsible for everything happens on their property. Skiing is an inherently dangerous activity — you’re zooming down a mountain at 10-20 miles per hour on the bunny slopes; up to 60 (possibly more) mph on the Olympic slopes. You’re surrounded by (and desperately avoiding) not only dozens of other skiers of varying skill levels but trees, rocks, cliffs and a host of other potential bad memories and you might be doing all this in a snowstorm. Even so, the resorts have the responsibility to manage their business in a safe matter. When they don’t, attorney David Morgan should be your first choice for ski-related incidents.
When You Can’t Sue
States with thriving ski industries, including Idaho and Utah, have laws that protect this vital economic interest. You can’t sue if your accident results from the inherent risks of the sport. Among the exceptions are collisions between skiers, failure to ski within your ability or outside designated areas; how the ski resort designed its trails or how they groom them.
When You Can Sue
Things that generally don’t fall under the “inherent risk” laws are things common to skiing and other industries: Are the ski lifts (and other machinery) in good working order, properly maintained and manned; are trails (including recommended skill levels) well and properly posted; are snow machines (and other equipment) properly parked out of the way. Ski resorts also operate hotels, restaurants and conference facilities with food, sidewalks, parking lots and other facilities normal to non-ski industries. Most of these issues fall under the usual premises liability statutes.
Your Slope Neighbors
Skiers themselves also have responsibilities:
Always stay in control and be able to stop or avoid collisions.
Yield the right-of-way to people ahead of you.
Never stop when you might obstruct a trail or can’t be seen by people upslope.
When starting downhill or merging into a new trail, look all around you and yield to others.
Failure to obey the rules of the slope makes you the negligent party. If another skier or snowboarder fails to abide and hurts you, you may have a personal injury claim against that person, but not against the resort.
Your First Choice for Help
Any negligence or injury claim can be complex. Obviously, the defendant will do whatever they can to avoid liability. You need an advocate who is all-in for you and who has both knowledge and experience sufficient to navigate the complexities of state civil law. Contact the Morgan Law Firm, personal injury specialists, we’ll take care of you.