Massachusetts Ski Accident Law in a Nutshell
The Massachusetts Ski Safety Act describes the duties, rights, and liability of skiers, snowboarders, chairlift passengers, and ski area operators. Here are the key aspects of Massachusetts ski law in a nutshell.
Ski collision lawsuits allowed against negligent skiers and snowboarders? | Yes. But skiers and boarders are solely liable for skier-on-skier/boarder collisions; ski areas are not liable. |
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 held accountable by the injured person or property owner under Massachusetts ski accident law. But ski patrollers may not be sued for rescue efforts provided they are made in good faith. |
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 - but only in wrongful death cases when the conduct of the skier, boarder, or ski area operator at fault was malicious, willful, wanton, reckless, or grossly negligent. |
Statute of limitations? | In Massachusetts, a lawsuit must be filed within one (1) year of the date of the injury or property damage, or the claim will be forever barred. In the case of a wrongful death, a lawsuit must be filed within three (3) years of the decedent’s date of death, or the claim will be forever barred. To bring a lawsuit against a ski area operator, detailed written notice must be sent to the operator, via registered mail, within ninety (90) days of the incident unless the operator had actual knowledge or could have discovered the facts of the incident during the 90-day period. |
Duties and Liability of Skiers, Snowboarders, and Ski Lift Passengers Under Massachusetts Ski Injury Law
Under Massachusetts ski accident law, skiers and snowboarders must ski within the range of their abilities, maintain a proper lookout, control their speed and course, heed all posted warnings and signs, ski only in a skiing area designated by a ski area operator, and generally avoid skiing in a manner that could cause injury to themselves and others. Prior to entering a ski slope or trail or riding a chairlift, skiers and snowboarders must attach a strap or other device to prevent a runaway ski or snowboard.
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. Before beginning to ski from a stationary position or entering a ski slope or trail from the side, skiers and snowboarders must avoid moving skiers already on the ski slope or trail.
Skiers and snowboarders have the duty to avoid colliding with other skiers, boarders, or objects on the ski trail or slope below them. The responsibility for collisions between skiers and snowboarders is solely that of the people involved and not the ski area operator. The responsibility for collisions with an obstruction in a ski trail or slope, whether man-made or otherwise, is solely that of the skier or boarder and not the ski area operator—provided the ski area operator marked the obstruction is properly marked.
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. While Massachusetts ski law does not limit a skier’s or boarder’s right to sue another skier or snowboarder for damage, injury, or death resulting from the other skier’s or boarder’s negligent actions or failure to act, ski area operators may not be sued for such collisions.
Except for the purpose of securing aid for a person injured in the collision, a skier or boarder involved in a collision with another skier or snowboarder that results in death, or an injury, may not leave the collision scene before providing their name and full contact information to the injured person, an employee of the ski area operator, and/or a member of the Ski Patrol. A skier or snowboarder who leaves the scene of a collision to obtain aid must return to the scene and provide their name and full contact information after obtaining aid. The failure to do so may be punished by a fine of not less than one hundred dollars ($100).
No skier or snowboarder may ski on any slope or trail that has been designated closed, nor ski anywhere than on an identified trail, slope, or ski area. Any person skiing or boarding on other than an open slope or trail within the ski area will be responsible for any injuries resulting from his or her actions.
Under Massachusetts ski injury law, skiers and boarders assume the risk of, and legal responsibility for, any injury, loss, or damages resulting from the “risks inherent in the sport of skiing.” The term “risks inherent in the sport of skiing” means a danger or condition that is an integral part of the sports of skiing and snowboarding, including (i) changing weather conditions, (ii) snow conditions as they exist or may change, including ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow, and (iii) surface or subsurface conditions, including bare spots, forest growth, rocks, stumps, streams, streambeds, and trees, or other natural objects.
“Risks inherent in the sport of skiing” also include (i) lift towers, signs, posts, fences or enclosures, hydrants, water pipes, and other man-made structures, and (ii) variations in steepness or terrain, whether natural or because of slope design, snowmaking or grooming operations, including roads, catwalks, and other terrain modifications. An injured skier or snowboarder may not file a lawsuit against a ski area operator for an injury resulting from an “inherent risk of skiing.” But “risks inherent in the sport of skiing” specifically do not include the negligent acts or failure to act by ski area operators and ski lift operators that violate their duties and obligations under Massachusetts ski law (see below)—for which injured skiers and snowboarders may hold them legally responsible.
No skier shall embark or disembark a ski lift except at a designated location and during designated hours of operation, throw an object from a chairlift while riding it, act in any manner while riding a ski lift that may interfere with its proper or safe operation, engage in any type of conduct that may injure another person, place an object in the uphill ski track that may cause another to fall while traveling uphill on a chairlift, or cross the uphill track of a ski lift except at designated locations. A skier or boarder who boards a chairlift is presumed to have sufficient ability to ride it safely and must follow any written or oral instruction given regarding its use.
Violations of Massachusetts ski law causing property damage or injuring another skier, boarder, 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. Ski resort operators, however, are not liable to skiers or snowboarders for person-on-person collisions or injuries sustained beyond marked ski area boundaries.
Duties and Liability of Ski Area Operators Under Massachusetts Ski Accident Law
Under Massachusetts ski law, whenever maintenance or snow-making equipment is being used on any ski slope or trail open to the public, ski area operators must conspicuously place notice at or near the top of such ski slope or trail pinpointing the location of such equipment for the safety of skiers and boarders.
Ski are operators also must (i) mark and identify all trail maintenance and emergency vehicles, including snowmobiles, and equip them with flashing or rotating lights, (ii) mark the location of any hydrants used in snow-making operations located within a ski slope or trail, (iii) provide the statute of limitations and notice period information for bringing ski injury-related lawsuits (see above) on the back of lift tickets, and (iv) properly maintain and operate ski areas in a reasonably safe condition or manner. Ski area operators, however, are not liable for personal injury damages, wrongful death damages, or property damages that arise out of the “risks inherent in the sport of skiing.”
Thus, under certain circumstances, 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 Massachusetts ski accident law.
Compensation for Injured Skiers, Snowboarders, and Chairlift Passengers Under Massachusetts Ski Law
Massachusetts ski accident law allows an injured person to sue for compensation for his or her 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, and/or loss of the enjoyment of life.
In a wrongful death case, the family of a person killed while skiing or snowboarding due to the negligence of another person may recover (i) compensation for the loss of the decedent’s reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice, (ii) the decedent’s reasonable funeral and burial expenses, and (iii) punitive damages in an amount of not less than five thousand dollars ($5,000)—provided the decedent’s death was caused by the offending party’s malicious, willful, wanton, reckless conduct, or gross negligence.
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We are experienced Massachusetts ski injury attorneys. We represent skiers, snowboarders, and tramway passengers (and their families) who were seriously injured while skiing, boarding, or riding chairlifts at Blue Hills, Jiminy Peak, Ski Butternut, Wachusett Mountain, and other Massachusetts ski areas.
If you or your loved one was seriously injured or killed while skiing, snowboarding, or riding a ski lift in Massachusetts, contact us immediately. Gathering the evidence and interviewing witnesses before they leave the area, or their memories fade, is critical to maximizing your recovery. Time is of the essence. Deadlines are looming. Call us today.