If you were injured skiing or snowboarding, you might be eligible to receive compensation for your medical bills, lost wages, pain and suffering and other losses.  Many of us believe (mistakenly) that we "assume all risks" on the slopes.  However, when someone is hurt as a result of someone else's negligence, the law frequently allows the injured party to recover money damages.  The most common types of injury accidents leading to liability fall into one of five categories:

• Collision with other skiers/snowboarders, with immovable objects (e.g. trees), or with movable objects (e.g. runaway boards);
• Ski lift accidents due to negligent design, maintenance, or operation of the lift or due to the negligence of other skiers or passengers on the lift;
• Accidents caused by ski area negligence such as failure to mark a known hazard, improper slope maintenance and/or grooming, or inadequate avalanche control;
• Accidents caused by ski instructor negligence, such as leading ski school students into overly challenging terrain or failing to provide safety instructions;
• Accidents or injuries resulting from faulty equipment, most commonly alpine bindings failure properly release.

Pursuing a claim for ski-injury damages requires the knowledge and skill of an experienced attorney.  The Utah Inherent Risks of Skiing Act (Utah Code Ann. §§ 78B-4-401 et seq.) may place certain limitations on your ability to recover and you need to know the intricacies of that law and others.  Call me at 888.8.SKI.LAW (754-529) to discuss your case or click here for a free case evaluation.  Don't settle for less than you deserve!


Can I still recover if I signed a waiver?
Yes. The fact that you signed a waiver (or that a waiver appears on the back of your ski pass) will not usually bar recovery against the ski resort. In the case of Rothstein v. Snowbird, the Utah Supreme Court decided that waivers which attempt to absolve ski resorts of liability for negligence are against the public policy of the State of Utah and cannot be enforced.
Is there a time limit for pursuing a claim for a ski injury?
Yes. The statute of limitations for most types of personal injury actions in the State of Utah is four years from the date of the injury. However, in some cases (such as wrongful death), the statute of limitations is only two years. There are exceptions, and the time limit might be shorter in certain circumstances.  Additionally, many cases become more difficult to pursue as time goes by, even if the limitations period has not expired.  To avoid these problems, we recommend contacting an attorney as soon as you can after an accident.

Whose responsibility is it to investigate the cause of a ski accident?
Ski patrol will often begin the investigation and complete an accident report, similar to the police in a traffic accident. Some jurisdictions impose a legal responsibility upon those involved in ski collisions to stop and render aid to an injured party, as well as to exchange personal information such as name and address.

How can an attorney help if ski patrol does not complete an accident report?
Although an accident report is often helpful in identifying witnesses and providing photographic evidence, we also utilize investigators, expert witnesses, and other evidence-gathering tools to help build your case. Sometimes, we can help you recover even if you don't know the identity of the person who caused your injury.

Disclaimer

The information on this website is for general information purposes only. Nothing on this or associated
pages, documents, comments, answers, emails, or other communications should be taken as legal
advice for any individual case or situation. This information on this website is not intended to
create, and receipt or viewing of this information does not constitute, an attorney-client relationship.