From broken bones to traumatic brain injuries to catastrophic spine injuries resulting in permanent impairment or death, ski and snowboard accidents can be physically painful, economically devastating, and life changing. But there is hope. You may be entitled to compensation for your injuries.
Ski and snowboard injury law is complicated and differs from state to state. Regardless, to obtain compensation for your injuries, you must act quickly and retain experienced lawyers to gather and preserve the evidence and timely bring your claims.
Common Ski and Snowboard Accidents and Injuries
Ski and Snowboard Collisions
Collisions between skiers and/or snowboarders are the most common accidents on the slopes. Most states’ laws assign responsibility to the uphill skier to avoid colliding with skiers or boarders below them. A skier or boarder injured in a ski collision may secure compensation for his or her injuries from the uphill skier’s homeowner’s insurance policy and/or umbrella liability insurance policy.
Ski Resort and Equipment Manufacturer Liability
Ski resorts also may be liable for ski and snowboard injuries. For example, if you rented your skis or snowboard from the ski resort and it fails because of poor maintenance or a defect and you are injured, the ski resort (and the equipment manufacturer) may be liable for your injuries. Ski resorts also may be liable for injuries resulting from faulty chairlifts and negligent chairlift operators during the loading and unloading process. Ski resorts also may be liable for damages due to poor teaching from instructors, poorly groomed slopes, and inadequate signage on the slopes. In short, ski resorts are responsible for their ski slopes, ski lifts, rental equipment, and employees’ actions.
Skiers and boarders may suffer a wide variety of serious injuries in an accident on the slopes, including:
- Head injuries. Traumatic brain injuries, loss of consciousness, concussions, and death.
- Neck and shoulder injuries. Whiplash, fractures, torn rotator cuffs, shoulder dislocation/separation.
- Back and spine injuries. Herniated disks, traumatic spinal injuries, including paraplegia and death.
- Knee injuries. Meniscus tears, anterior cruciate ligament (ACL) tears, fractures.
- Hand injuries. Skier’s thumb, wrist sprains, finger fractures.
Compensation for Ski and Snowboard Injuries
If you are seriously injured in a ski or snowboard accident and it wasn’t your fault, you may be entitled to compensation for your injuries, including:
- Past and future medical bills
- Past and future lost wages and employee benefits
- Physical impairment
- Physical and emotional pain and suffering
- Loss of consortium/loss of companionship
- Loss of enjoyment/quality of life
- Loss of life
- Household expenses
- Out-of-pocket expenses for home and vehicle modifications
- Punitive damages (if the party causing your injuries acted intentionally, recklessly, or was grossly negligent)
But you must act quickly. Evidence must be gathered and preserved. Experts must be hired. And your claim must be timely filed. Most states’ laws have a two-year a statute of limitations to file a lawsuit for compensation for an injury resulting from a ski or snowboard accident. There also could be a shorter time period to file a claim with your insurance company. If you don’t meet the applicable deadlines, you will be forever barred from bringing your claim.
Top Ten Things to Do (and Not Do) After a Ski Accident
To best position yourself to obtain compensation for your ski accident injuries from a negligent skier, snowboarder, or ski area, take the following actions (and don’t do others):
- DO take pictures (or video) of the accident scene, the area around the accident scene (including the approach), your ski equipment, witnesses to the accident, Ski Patrollers, and anyone else involved in the accident while at the scene. DO take follow-up pictures (or video) of the scene at least 48 hours after the accident in case the ski area marked the accident scene as a dangerous place to ski.
- DO NOT speak with the Ski Patrol other than to give them your name and contact information and information about your injuries. That’s all you are required to do. Ski Patrollers are ski area employees trained to take notes about ski accidents in a way that best protects the ski resort from liability—regardless of what you say. Above all, DO NOT give a recorded statement to an insurance adjuster, Ski Patroller, or ski area representative. They are not your friends.
- DO obtain the names and contact information of the skier or snowboarder who collided with you, any witnesses to the accident, and the Ski Patrollers who attended to you. DO obtain copies of all Ski Patrol notes and reports.
- DO obtain the names of your ski equipment manufacturer and the equipment rental shop personnel who fit your equipment.
- DO avoid signing a waiver, but if you must, obtain copies of the waiver and any contract you signed.
- After a ski accident, if you are asked how you are doing, DO NOT casually respond that you’re “OK” or “feeling fine.” Ski injuries sometimes do not manifest themselves until later. Be careful about what you say. Assume that anything you say will be used against you—especially if you say it to the Ski Patrol and/or medical personnel because they take notes. Be honest about your injuries with your doctor, but DO NOT mention to your doctor or anyone else that you have hired an attorney or are thinking about hiring an attorney.
- DO NOT post anything on social media about the accident or your injuries. DO NOT discuss the accident or your injuries with extended family, friends, or strangers. No one needs to know your business other than you, your doctor, and your lawyer.
- DO keep the ski equipment you were using (unless rented) and ski clothing you were wearing at the time of the accident. DO keep your ski pass and/or lift ticket.
- As soon as possible after the ski accident, DO find a quiet place and write a detailed narrative of the accident, from the time you boarded the lift to the time the Ski Patrol took you down the mountain for medical attention. Include, for example, (i) a description of the weather and visibility, (ii) the name and a hand drawn map of the ski trail and the accident, (iii) the ski trail conditions (such as crowded, type of terrain, bare spots, and obstacles such as rocks, bushes, trees, fences, signs, barriers, tree branches, ice), (iv) a narrative of precisely what happened, and (v) the names of witnesses and the Ski Patrollers who attended to you.
- DO keep a daily journal about your injuries, pain, and how they have affected you, your family, and your everyday life and mood, including the hygiene habits, chores, tasks, and activities you can no longer perform or no longer perform without assistance.
***
If you have been injured or lost a loved one in a ski or snowboard accident due to the negligence of another skier or snowboarder, a ski resort, or an equipment manufacturer, we stand ready to help you and your family. Please contact us for a free case evaluation. If we take your case, we will represent you on a full contingency basis, advancing all litigation expenses and court costs on your behalf. There will not be any out-of-pocket cost to you. We don’t get paid unless you get paid.
