Who is Liable for Utah Ski Accident Injuries?

December 11, 2010

Skiing, snowboarding and other winter sports are big business in Utah's resort towns. Park City is home to three of the state's biggest ski resorts - Deer Valley, The Canyons and Park City Mountain. Park City Mountain Resort has the largest ski area in Utah while The Canyons is one of the five largest resorts in the US. With thousands of acres and hundreds of skiing trails, Park City's resorts attract more than 4 million visitors each year.

While these visitors come into the state to have fun and enjoy their skiing vacations, some of them will leave with more than they bargained for, like a broken leg or a much more serious injury. Some of the most common ways people are injured while skiing or snowboarding include:
- Collisions with other people or objects
- Ski lift accidents, including those caused by poorly maintained or designed lifts or negligent operation of the lifts
- Resort equipment injuries, including the negligent use of snow-making machines or snowmobiles
- Injuries from avalanches

In some cases, the ski resort may have acted negligently and is liable for a visitor's injuries. For example, if the ski resort failed to mark a known hazard on the trails or failed to employ proper avalanche control measures, it may be legally responsible for any injuries or wrongful deaths caused by its negligence. The resort also may be held responsible for negligent acts of its employees, such as when ski-lift operators fail to stop the lift when it is apparent that a serious ski-lift injury is about to occur.

Ski resorts are also responsible for the proper use of their equipment. If snow-making equipment is operated improperly it could result in a dangerously large mound of snow, presenting a serious threat to unsuspecting skiers. Negligent use or placement of snowmobiles and other equipment creates substantial danger to skiers, as well.

Each year, there are 200,000 ski-related injuries in the US. An estimated 10,000 of these injuries occur in Utah. While the most common types of injuries are knee injuries, those involved in these accidents also may sustain head, neck and back injuries. Victims also may suffer catastrophic injuries, like traumatic brain injuries (TBIs) and paralysis. On average, 37 people die annually as a result of ski and snowboarding accidents.

Limited Liability and Utah Ski Act

Utah's Inherent Risks of Skiing Act presents one of the biggest obstacles to bringing a legal claim against a resort for a skiing accident. Under the Act, skiing resort operators have been granted immunity from any legal claims arising out of the "inherent risks" of skiing. Inherent risks are defined as "those dangers or conditions which are an integral part of the sport." Some examples of inherent risks specified in the statute include:
- Changing weather conditions
- Snow and ice conditions
- Surface and subsurface conditions, like tree growth, rocks and stumps
- Variations and steepness in terrain, including those occurring naturally and as the result of slope design
- Collisions with other skiers
- Failure of a skier to ski within the skier's own ability

This does not mean that resort operators can never be held liable; instead, it means that the accident must be the result of something other than an "inherent" risk of the recreational sport.

For example, the Act does not limit liability against resorts for accidents that occur as a result of employee negligence or poorly maintained ski lifts and other equipment. It also does not limit liability for accidents that occur as a result of the resort failing to take proper precautions to mitigate or eliminate other risks to skiers, like failing to adequately maintain the slopes. Resorts also may be held liable for violating any statutory safety standards.

It is important to note that Utah ski resorts typically print liability releases or waivers on ski-lift tickets. While some states view the fine print on these documents as legally binding, Utah does not and generally, this language cannot be used to bar a skier's legal action in the state.

Other Potential Legal Actions

In addition to ski resorts and lodges, other parties may be responsible for a skiing or snowboarding accident occurring in Park City, or another location in Utah. For example, those injured in collision accidents with another person can bring a civil claim against the other skier or snowboarder involved in the accident. If the other party is found to be at least 51 percent responsible for causing the collision, then he or she will be required to pay the injured party certain damages, including medical expenses.

In the rare event of a ski-lift or gondola malfunction, the manufacturer may be potentially liable. While these cases require much investigation, when the lifts have inherent design flaws or dangerous defects that cause injuries to skiers, a product liability suit may be brought against the manufacturer.

Conclusion

Those who have been injured in a skiing, snowboarding or slip-and-fall accident at a resort in Park City or elsewhere in Utah should contact an attorney experienced in handling these types of injury cases. Victims may be entitled to compensation for their injuries, including medical expenses, lost income, pain and suffering and other damages. For more information on your legal options, contact a knowledgeable Utah personal injury lawyer today.

Article provided by Eisenberg & Gilchrist
Visit us at www.eisenbergandgilchrist.com