When a Colorado Skiing Accident Injury is Not Your Fault

January 08, 2011

Anyone who skis or snowboards knows that a certain level of risk is inherent to these sports. Yet after a ski accident , many injured skiers are unaware just where the line is between negligence on the part of others and the risks one assumes by taking to the slopes. Although skiing is a relatively safe sport, serious injuries can occur. When a skier is injured, it is very important to be able to recognize when fellow skiers, or the ski resort itself, may be to blame under Colorado law.

Common Ski Injuries

Despite skiing's reputation as a dangerous sport, the rates of ski injuries have actually been declining for the past 20 years. Part of this is attributed to the rise of helmet use and advances in boot and binding technology (the advent of breakaway bindings substantially reduced the risk of bone fractures). Raising awareness of common ski injuries and how to prevent them has also likely played a role. Overall, less than four injuries happen for every 1,000 days of skiing or snowboarding; however, some of these injuries are very serious or even life-threatening.

For modern skiers, the knee is the most vulnerable body part. Sprains, strains, and tears of the knee ligaments are the most common skiing injuries. Snowboarders, on the other hand, do not have to engage in as many twisting motions, and thus suffer fewer knee injuries. But, boarders are much more likely to suffer from upper extremity injuries, which usually occur when they try to catch themselves during a fall.

Some of the most common skiing and snowboarding injuries include:
- Broken wrists
- Broken legs
- Facial injuries
- Shoulder dislocations
- Spinal injuries
- Head injuries

A Skier's Risks and Responsibilities

All skiers are expected to know and accept the dangers inherent to the sport. Skiing requires training, skill, and adherence to a code of responsibility. Ski resorts post warnings around dangerous areas, and assume that anyone with a lift ticket has recognized and accepted the normal risks involved in skiing. The National Ski Area Association provides the following responsibility code:
- Always stay in control
- People ahead of you have the right of way
- Stop in a safe place for you and others
- Whenever starting downhill or merging, look uphill and yield
- Use devices to help prevent runaway equipment
- Observe signs and warnings, and keep off closed trails
- Know how to use the lifts safely

Most resorts have staff on the slopes to enforce this code or their own variations. Injuries caused solely by blatant code violations or simple carelessness are likely your own fault. But, even when a skier is not performing perfectly, oftentimes factors out of their control contribute to an accident. And, some injuries are caused through no fault of the skier at all.

Ski Resort Liability

Ski resorts can be held liable for an injury for a number of reasons. Poor maintenance of the slopes, buildings, or other property could contribute to injury. If a resort allows runs to become too crowded, they may be liable for resulting injuries. Faulty ski lifts can be another problem. Even something like the failure to clear resort sidewalks of ice can place blame for a fall squarely on the resort through premises liability law.

But, some things are out of a resort's control: the weather is always a factor in skiing, and sometimes it is not possible for the resort to control the conditions of the slopes when weather conditions worsen. Still, it is a resort's responsibility to properly warn skiers of closed areas or poor conditions, and failure to do so can make them responsible when uninformed skiers are hurt. Typically, natural hazards such as rocks and stumps are part of the inherent risk of skiing. As a general guideline, resorts must do everything reasonably possible to provide a safe skiing environment.

The Liability of Reckless Skiers

In some instances, fellow skiers may also be liable for injuries. Any injury that results from a skier who is out-of-control, fails to maintain a safe distance from others, is intoxicated, or is otherwise acting unsafely on the slopes is the responsibility of the offending skier. In these instances, the skier who caused the accident may be forced to pay monetary damages to answer for their careless behavior.

If you are injured by the negligence of another skier, make sure you get the responsible party's information and notify the ski resort of your accident. Get the names and contact information of any witnesses, as you would do with a motor vehicle accident.

What to do if you Have been Hurt

If you or a loved one has been injured in a skiing accident, it is important to contact an experienced Colorado personal injury attorney. An attorney can determine whether the resort or another skier could be responsible for your injury, and can ensure you receive fair compensation.

Furthermore, your attorney can help you prevent other skiers from experiencing similar pain in the future by ensuring the responsible party is held accountable. In any challenging, physically intense sport, some accidents are bound to happen. But, in the case of preventable injury caused by negligent or reckless behavior, every skier and resort has a responsibility to help make the slopes a safer place for all.

Article provided by Coppola & Marlin PC
Visit us at www.coppolamarlin.com