A ski accident refers to any mishap or injury that occurs when participating in skiing activities. These accidents can range from minor falls to more serious incidents involving collisions with objects or other skiers.
The University of California–Davis Health Sports Medicine team reports that, on average, three skiers per 1,000 sustain injuries on U.S. slopes daily. The following are some common ski injuries:
Accidents related to chairlifts and ski-lift operators can occur because of issues with loading and unloading, mechanical failures, or human errors. These incidents can result from sudden stops or starts, misjudgments in the seating process, or equipment malfunctions. Ski-lift-operator errors, including abrupt starts or stops, failure to provide clear instructions or inadequate lift maintenance, can contribute to accidents during loading, unloading, or while riding the lift. In some cases, inadequate maintenance or inspection practices can play a role in these incidents.
Collisions are one of the most common types of skiing accidents. These can happen between skiers, snowboarders, or even with objects on the slopes. Factors contributing to collisions may involve varying skill levels, high speeds, impaired visibility due to weather conditions, or inadequate signage.
Faulty equipment can contribute to accidents on slopes. This may include defects or other issues with bindings, boots, or skis. Equipment failures can lead to loss of control or falling, causing serious injuries.
Collisions with other skiers often occur due to various factors, including differing skill levels, misjudgment of speed and distance, or failure to yield the right of way.
Ski resorts sometimes fail to provide a safe environment for guests. Such instances include inadequate signage, poorly maintained trails, or failure to mark hazards. Additionally, issues such as improper grooming of the snow on ski tracks or inadequate staffing levels can contribute to accidents.
Downhill accidents often occur when skiers lose control while descending slopes. This can be attributed to factors such as excessive speed, unfamiliarity with the terrain, or encountering unexpected obstacles. Proper terrain selection (based on skill level), speed control, and awareness of one’s surroundings are all crucial in preventing downhill accidents.
Inadequate training or experience can contribute to accidents on slopes. Without proper instruction, skiers struggle with basic maneuvers, have difficulty navigating varied terrain, or lack knowledge of safety protocols.
Ski accident law is complex and jurisdiction-dependent. Determining responsibility in a ski accident involves consideration of factors such as the actions of other skiers, equipment malfunctions, or negligence on the part of the ski resort. A thorough investigation of the collision site is necessary. Corroboration with witnesses, if any, of the sequence of events leading up to the crash can prove helpful for determining liability. Ski gear, equipment, the ski track, and facilities are investigated to find the at-fault party.
You have to demonstrate that the party you’re suing bears legal responsibility or fault for the accident. The negligent party could be another skier who collides with you, a ski teacher who provided inadequate instruction, a ski-lift operator who makes an error, or a resort that failed to maintain the trail properly. Additionally, if an injury results from a faulty skiing product, you may be eligible for compensation from the entities involved in its design, production, distribution, or sale.
Although resorts often use liability waivers, such waivers do not always protect the resort absolutely, especially in cases involving negligence. An at-fault resort may try to defend itself by raising the “assumption-of-risk” argument, which asserts that you willingly engaged in an activity with a known level of risk. A personal injury lawyer with expertise in skiing accidents will know how to address such arguments and help you determine the party or parties who are liable for your injuries.
In the aftermath of a ski accident, claims for the following physical, financial, and emotional damages can be made:
Medical expenses: Immediate medical costs, including emergency care, hospitalization, surgeries, medications, and ongoing treatment, constitute a significant component of potential damages.
Rehabilitation costs: Rehabilitation expenses, encompassing physical and occupational therapy, are often necessary for a complete recovery.
Lost wages: Compensation for lost wages is a crucial aspect of damages. It can include both wages lost during your recovery period and the loss of future earnings, in cases of long-term disability.
Pain and suffering: This category includes damages to address physical and emotional distress, including immediate pain, ongoing discomfort, and the impact the injuries have on the enjoyment of daily activities.
Property damage: You may seek damages for the cost to repair or replace equipment damaged in the accident.
Typically, cases must be filed within two years of the accident, though this time frame varies by state. Consult with a personal injury lawyer as soon as possible after your accident to make sure you don’t miss the deadline in your jurisdiction.
Pursuing a ski accident claim involves attorney fees and other expenses, such as court fees and, in some cases, expert witness fees.
Personal injury attorneys commonly use a contingency fee structure for ski accident cases. This means that the attorney receives a percentage (ranging from 20% to 45%, with an average of 33%) of the eventual settlement or jury award. Notably, if the attorney does not secure a favorable outcome, then the plaintiff is not obligated to pay legal fees. This arrangement ensures that legal costs are contingent on the successful resolution of the case.
Depending on the agreement you have with your attorney, you may be required to pay expenses such as deposition expenses, expert witness fees, travel costs, court-related expenses, administrative charges, and miscellaneous costs. The amount of such expenses varies based on the complexity of the case and jurisdiction. Such expenses usually come out of any settlement amount or jury award, but be sure you know who’s responsible for these expenses in the event your case loses and fails to settle. Carefully read the terms of all agreements with your attorney to clarify which party covers these costs and whether you will need to cover any such expenses up front.
In the aftermath of a ski accident, the decision to seek legal representation is pivotal for various reasons. A skilled attorney evaluates the unique circumstances surrounding your case and provides comprehensive guidance throughout the legal process. They will conduct a thorough assessment of the facts, identify potential negligence of other parties, and outline a strategic path to pursue damages. They will take witness statements and gather other evidence. They will also try to negotiate a fair settlement, but failing that, will present your case and protect your rights in court.
In the event of a skiing collision, it's crucial to first assess the safety of yourself and others involved. Prioritize seeking immediate medical attention for any injuries sustained, ensuring the well-being of all parties. Contact the ski patrol to report the incident and provide details for swift assistance. To preserve your right to bring a legal claim, you should get contact information for any witnesses and ask ski patrol to document the scent of the accident.
Your health insurance generally should cover the cost of any medical expenses related to injuries you incur in a ski accident; however, you will need to file a legal claim against the party whose negligence caused the accident in order to recover your out-of-pocket costs, such as deductibles and copays. A legal claim
The three most common skiing injuries are:
Any party whose negligence causes a ski accident can be liable for injuries sustained in the accident. Depending on the circumstances, the liable party or parties can include other skiers, ski resorts, equipment manufacturers, or even ski lift operators.
Yes, you may have grounds for a lawsuit if negligence or wrongful conduct contributed to causing the accident that led to your injuries.
The statute of limitations varies by location, so it's essential to consult with a local attorney promptly. Most states have a statute of limitations of two years.