No criminal charges in fatal ski collision, prosecutors say

March 23, 2013

No criminal charges in fatal ski collision, prosecutors say

A Colorado ski trip took a deadly turn recently when two skiers collided on Aspen Mountain. After an investigation of the incident, prosecutors have decided not to press criminal charges against the surviving skier, CBS News reported.

The collision occurred on February 4, 2013, when a 48-year-old woman was struck by another skier while standing on lower Spar Gulch, the mountain's main run. The woman had reportedly come to a stop after skiing down an expert trail when she was struck by another skier who merged into the run from another trail. The woman was thrown to the ground by the collision, suffering a fatal traumatic brain injury.

According to a report by CBS News, prosecutors' decision not to press charges was based on a determination that there was not enough evidence to establish that the other skier had been criminally reckless or negligent.

The recent tragedy was the third snowsports-related death in the area this season, the Aspen Times reported. Nationwide, an average of over 40 people die in skiing and snowboarding accidents each year, according to statistics from the U.S. National Ski Areas Association, and many more are seriously injured.

Colorado ski injury liability

As any skier knows, there are certain risks inherent to the sport, and many ski injuries are no one's fault. In some cases, however, injuries occur as a result of other skiers' recklessness or negligence. In these cases, an injured skier has the option of pursuing compensation for his or her injuries through a court of law, even if no criminal charges are filed.

A law called the Colorado Ski Safety Act addresses the safety standards and liability issues that apply to skiers and ski area operators in the state. Under the law, ski resort operators are immune from liability for any injuries that skiers suffer as a result of the risks inherent to skiing, such as changing weather conditions or collisions with trees, rocks or other objects.

However, the law also establishes that skiers have a responsibility to ski safely and provides that they can be liable for any injuries they cause by failing to uphold that responsibility. Specifically, the Colorado Ski Safety Act states that skiers have a legal duty to ski within their abilities and maintain control of their speed and course at all times. In addition, people skiing downhill are considered to have the primary responsibility for avoiding collision with people or objects below them. When skiers fail to uphold their legal duty to ski safely, they can be liable for any injuries that occur as a result.

A skier who negligently causes an injury in Colorado can be liable for the injured person's medical bills, lost income and other harm resulting from the incident. Similarly, when a skier causes the death of another person, he or she may be held liable in a wrongful death lawsuit filed by the victim's surviving family members.

Speak to an attorney

If you have been injured or suffered the loss of a loved one due to someone else's carelessness in Colorado, contact an experienced personal injury lawyer to discuss the possibility of pursuing legal action. An attorney can advise you of your options and, if you decide to pursue a claim, will work vigorously on your behalf to secure compensation for your losses.

Article provided by Cederberg Law Firm P.C.
Visit us at www.cederberglaw.com