Legal

Understanding Skiing Lawsuits: Can You Sue Another Skier for an Injury?

Skiing is an exhilarating sport, but it can be dangerous. When another skier negligently causes an accident that results in injuries, you can sue them for damages.

To recover damages in a negligence case, you must typically show that the at-fault party breached their duty to you and that this breach directly caused your harm. In some states, this standard is called a recklessness standard.

Skiing Laws

Skiing, snowboarding, and other winter sports are popular pastimes for people of all ages. However, skiing has inherent risks that could cause severe injuries if improperly handled. Ski resorts often require patrons to sign liability waivers to enjoy the slopes and other activities on the mountain. But signing a release does not mean you can’t pursue compensation for a skiing injury.

The Colorado Ski Safety Act was established in 1979 to establish responsibilities for ski areas and duties for skiers and define inherent risks associated with the sport. It is a model that many states have since adopted.

The law states that skiers must stay within their abilities, know where they are skiing, and not ski over bare patches or other terrain hazards. They also must heed all posted information and warnings and not ski under the influence of drugs or alcohol. The law establishes a broad range of damages injured victims can recover, including economic and non-economic losses.

Negligence

In some cases, a skier’s negligence may cause an accident. In these situations, a victim can file a personal injury lawsuit against the negligent skier.

However, it can be challenging to prove a skier’s negligence. In a ski accident lawsuit, it’s also critical to retain an accomplished personal injury attorney who can assist with developing your case and overcoming defenses. You can sue another skier for any injury, but it typically depends on the specific circumstances and local laws governing ski accidents.

Many skiing collisions happen due to the careless behavior of other skiers. You had a recent case— collided with this retiree on a slope and caused some serious injuries.

The bedrock principle of skiing is that you’re responsible for what happens while you’re on the slopes. However, that doesn’t absolve skiers who are farther down the mountain. They must avoid collisions with skiers coming toward them. If that doesn’t happen, it could give rise to a criminal case.

Recklessness

A skiing collision lawsuit’s viability depends on whether a skier’s actions could constitute negligence or recklessness. For instance, a skier who hits another skier with a pole or a snowboard may have breached their duty to maintain control of their speed and course.

The same applies to skiers who ski down a slope beyond their skill level. This breaches the skier’s duty to ski within their abilities.

Firm attorneys are imperative when filing a claim against a ski resort for an injury. They will seek to secure just compensation for you. It would be beneficial if you were relieved of the financial burden of paying for your medical expenses, missed wages, and other damages. Their attorneys will discuss your situation in-depth and answer any questions you might have.

Statute of Limitations

The at-fault party’s insurance company covers most of the damages in many ski collision cases, like car accidents. Homeowners’ insurance is often the most likely to cover a skier’s liability, although other policies, such as recreational vehicle or general personal injury, might also apply.

A person liable in a skiing lawsuit may have to pay a significant sum for their medical bills, lost wages, and other financial losses. Punitive damages may also be available in some cases, depending on the nature of the negligence involved.

Many ski mountains require people to sign waivers before they hit the slopes, making it difficult to bring a claim against another skier for an injury. However, even if you signed a waiver, you can still file an accident lawsuit against another skier who was negligent and caused your injuries. An experienced injury lawyer can help you determine your options.