Illinois Ski Accident Law in a Nutshell
Illinois Ski Accident Law in a Nutshell
Illinois does not have a dedicated ski safety statute, so Illinois common law governs the duties, rights, and liability of skiers, snowboarders, chairlift passengers, and ski area operators. Here are the key aspects of Illinois law in a nutshell.
Ski collision lawsuits allowed against negligent skiers and snowboarders? | Yes. No limitations. |
Lawsuits allowed against negligent ski resort operators? | Yes. Ski area operators and their employees whose negligent or grossly negligent actions or failure to act cause property damage or injury to a skier or snowboarder may be sued by the injured person or property owner. |
Damages available? | Yes—depending on the situation, damages may include loss of earnings, lost employee benefits, damage to the ability to earn money in the future, loss of time, household expenses, medical and hospital expenses, home and vehicle modification and other out-of-pocket expenses, permanent injury and disability, physical pain and suffering, physical impairment, mental and emotional pain and suffering, inconvenience, emotional stress, impairment of the quality of life, loss of consortium, loss of affection, loss of lifestyle, loss of society, loss of companionship, loss of the aid and comfort of each other, and/or loss of the enjoyment of life. |
Punitive damages available? | Yes—when the negligent party’s conduct causing injury or harm was willful and wanton, outrageous, or where the negligent party acted with actual malice, fraud, deliberate violence, or gross negligence. |
Statute of limitations? | An injury or wrongful death lawsuit must be filed within two (2) years from the date of the injury or death, or the claim will be forever barred. Property damage cases must be filed within five (5) years of the date the damage occurred. |
Duties and Liability of Skiers, Boarders, and Chairlift Passengers Under Illinois Law
Under Illinois law, skiers and snowboarders must (i) know the range of their ability to negotiate a ski slope or trail and ski within the limits of such ability, (ii) maintain control of their speed and course at all times, (iii) maintain a proper lookout so as to avoid collisions with other skiers or boarders and avoid obvious hazards and inherent risks, such as variations in terrain, snow, or ice conditions, bare spots and rocks, trees, and forest debris, and (iv) stay clear of snow grooming and snowmaking equipment, vehicles, lift towers, signs, and any other equipment on the ski slopes and trails.
Illinois skiers and snowboarders also must (i) heed all posted information and other warnings, and (ii) refrain from acting in a manner that may cause or contribute to the injury of themselves or others.
Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, skiers and boarders must avoid moving skiers already on the ski slope or trail. Skiers and snowboarders also must not (i) move uphill on any passenger tramway, or (ii) ski or board while impaired in any way by the consumption of alcohol or using any narcotic or other drug.
A skier or boarder must not overtake any other skier or snowboarder except to avoid contact and must grant the right-of-way to the overtaken person. When a collision occurs between skiers or snowboarders, the uphill skier or boarder is presumed to have had the best opportunity to avoid the collision and will generally be held responsible.
When riding passenger tramways, chairlifts, and ski lifts, skiers and snowboarders must not (i) enter or leave a tramway or lift except at the designated areas, (ii) throw or expel any object from a tramway or lift, (iii) interfere in any way with the operation of a tramway or lift, (iv) ride a tramway or lift unless the skier or boarder has the ability to do so with reasonable safety, (iv) engage in willful or negligent conduct on a tramway or lift that contributes or causes injury to another person or his property, and/or (v) enter a tramway or lift without the authority of the ski area operator.
Violations of Illinois law causing property damage or the injury or death of another skier, snowboarder, or tramway passenger—such as a collision with another skier or boarder—could result in a civil lawsuit by the injured person against the negligent person or ski area operator.
Duties and Liability of Ski Area Operators Under Illinois Law
Under Illinois law, ski resort operators must (i) mark all trails, (ii) mark all maintenance vehicles with flashing or rotating lights that must be operating whenever the vehicles are working or moving in a ski area, and (iii) mark with a visible sign the location of any hydrant or similar equipment used in snowmaking operations that are located anywhere in a ski area.
Ski area operators must indicate the relative degree of difficulty of a ski slope or trail with appropriate signs prominently displayed at the base of a slope where skiers enter a lift serving the slope or trail, or at the top of a ski slope or trail. Ski resort operators also must post signs giving reasonable notice of unusual conditions on a ski slope or trail at or near the top of, or entrance to, the slope or trail.
Illinois law further requires ski resort operators to (i) provide adequate ski patrols, (ii) clearly mark any hidden rock, hidden stump, or other hidden hazard known by the operator to exist, and (iii) inspect all public ski and snowboard trails, slopes, and freestyle terrains on a regular basis. Ski area operators also are responsible for (i) ensuring that chairlift operating personnel are properly trained, (ii) meeting all safety standards for terminals, stations, line structures, and line equipment, and (iii) complying with all rules and regulations regarding the safe operation and maintenance of ski lifts and tramways.
In short, ski resort operators must not engage willfully or negligently in any type of conduct that contributes or causes injury to a person or their property. Thus, under certain circumstances, Illinois ski area operators and their employees whose negligent and/or grossly negligent actions or failure to act cause property damage or injury to a skier or snowboarder may be held accountable by the injured person or damaged property owner for violating Illinois law.
That said, state and local governments and their employees are not liable for an injury or death while engaging in a “hazardous recreational activity,” including skiing, snowboarding, sledding, and/or tobogganing, that occurs on public land.
Compensation for Injured Skiers, Boarders, and Lift Passengers Under Illinois Law
Illinois law allows an injured person (and sometimes, the family of a person injured or killed while skiing or snowboarding) to sue for compensation for injuries due to the actions of another skier, snowboarder, or ski area operator.
The types of damages recoverable may include loss of earnings, lost employee benefits, damage to the ability to earn money in the future, loss of time, household expenses, medical and hospital expenses, home and vehicle modification (such as adding a wheelchair ramp, etc.) and other out-of-pocket expenses, permanent injury and disability, physical pain and suffering, physical impairment, mental and emotional pain and suffering, inconvenience, emotional stress, impairment of the quality of life, loss of consortium, loss of affection, loss of lifestyle, loss of society, loss of companionship, loss of the aid and comfort of each other, loss of the enjoyment of life, and/or other wrongful death damages. And, in some cases, punitive damages.
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We are experienced Illinois ski injury attorneys. We represent skiers, snowboarders, and tramway and lift passengers (and their families) who were seriously injured or died while skiing, boarding, or riding tramways or lifts at Chestnut Mountain Resort, Four Lakes Alpine Snowsports, Snowstar Winter Sports Park, Villa Olivia Ski Area, and other Illinois ski areas.
If you or your loved one was seriously injured or killed while skiing, snowboarding, or riding a ski lift in Illinois, contact us immediately. Gathering the evidence and interviewing witnesses before the facts are lost to time are critical to maximizing your recovery. Time is of the essence. The statute of limitations is running that will forever bar your claims. Call us today.