Michigan Ski Accident Law in a Nutshell
Michigan has the second most ski resorts of any state in the country. Enacted in 1962, the Michigan Ski Area Safety Act, the nation’s oldest ski safety statute, describes the duties, rights, and liability of skiers, snowboarders, aerial tramway passengers, and ski area operators. Here are the key aspects of Michigan ski law in a nutshell.
Ski collision lawsuits allowed against negligent skiers and snowboarders? | Yes. |
Lawsuits allowed against negligent ski resort operators? | Yes. Ski area operators and their employees, including ski patrol members, whose negligent and/or grossly negligent actions or omissions cause property damage or injury to a skier or snowboarder, may be held accountable by the injured person or damaged property owner for violating Michigan ski accident law. |
Damages available? | Yes—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? | No—Michigan does not allow the recovery of punitive damages, which are designed to punish a negligent skier or ski area operator for egregious, malicious, or despicable behavior. But don’t despair. Michigan does allow the recovery of exemplary damages, which are meant to compensate an injured person for the negligent party’s malice or willful disregard for the injured person’s rights. It’s a distinction without much of a difference. |
Statute of limitations? | A lawsuit must be filed within three years of the date of the injury or property damage, or the claim will be forever barred. |
Duties and Liability of Skiers, Boarders, and Tram Passengers Under Michigan Ski Law
Under Michigan snowboard accident law, skiers and boarders must conduct themselves within the limits of their individual ability and not ski or board in a manner that may cause injury to themselves or another person. Each skier is the sole judge of his or her ability to negotiate a ski trail or slope. While in a ski area, each skier and boarder must: (i) always maintain reasonable control of his or her speed and course, (ii) stay clear of snow grooming vehicles and equipment in the ski area, (iii) heed all posted signs and warnings, and (iv) ski only in open ski areas.
As a matter of Michigan ski injury law, each skier and snowboarder accepts the risks and danger inherent in the sport to the extent they are obvious and necessary—including injuries resulting from (i) variations in terrain, (ii) surface or subsurface snow or ice conditions, (iii) bare spots, rocks, trees, and other forms of natural growth or debris, (iv) collisions with other skiers and snowboarders, (v) collisions with ski lift towers, and/or (vi) collisions with properly marked or plainly visible snowmaking or snow grooming equipment.
While in a ski area, skiers, snowboarders, and tramway passengers must not: (i) board a ski lift that is designated closed, (ii) board or exit a ski lift except in designated areas, (iii) intentionally drop or throw an object from a ski lift while riding on the lift, (iv) interfere with the operation of a ski lift, such as swinging or bouncing the lift, and/or attempting to contact supporting towers, machinery, guides, or guards, (v) use a ski lift unless the passenger has the ability to do so safely without instruction, or the passenger requests and receives instruction before boarding the lift, and/or (vi) use a ski lift or ski without properly using restraining devices, brakes, and/or restraining straps.
Under Michigan snowboard injury law, a skier or snowboarder involved in an accident in which another skier or boarder is injured must immediately notify the ski patrol, ski area operator, law enforcement, or emergency personnel. A skier or snowboarder involved in a ski accident who leaves the scene and fails or refuses to provide his or her name and full contact information, notify the proper authorities, and/or summon medical assistance when the skier or boarder knows that another person involved in the accident is injured is guilty of a misdemeanor, and could be imprisoned for up to thirty days or fined not more than $100.00, or both. A skier or snowboarder involved in an accident causing an injury to himself or herself, but not to another person, must immediately notify the ski patrol, ski area operator, law enforcement, or emergency personnel if the accident created a hazardous condition on a ski trail or slope.
Violations of Michigan ski law that cause property damage or injure 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.
Duties and Liability of Ski Area Operators Under Michigan Ski Accident Law
Under Michigan ski law, ski area operators must: (i) equip snow grooming vehicles and other equipment with a conspicuous yellow light that flashes or rotates while the vehicle is moving on or near a ski trail, (ii) equip snowmobiles operated in a ski area with at least one white light located on the front of the snowmobile, (iii) mark the location of any hydrant or similar fixture or equipment used in snowmaking operations located on a ski run with a visible sign or warning device, (iv) mark the top of and each entrance to ski runs, slopes, and trails with signage indicating their relative degree of difficulty, and (v) mark the top of and each entrance to closed ski runs, slopes, and trails.
Ski area operators almost must: (i) maintain one or more trail boards at prominent locations in each ski area displaying that area’s network of ski trails, runs, and slopes, their relative degree of difficulty, and whether they are open or closed, (ii) place a conspicuous notice at or near the top of and each entrance to ski trails, runs, and slopes warning skiers that snowmaking and/or snow grooming operations are occurring, (iii) post in conspicuous places the above-listed duties, obligations, and liabilities of skiers, snowboarders, aerial tramway passengers, and ski area operators, and (iv) maintain the stability and legibility of all required signs and posted notices.
Finally, under Michigan snowboard accident law, a ski patrol member who, in good faith, renders emergency care at a ski accident scene, will not be liable for damages due to rendering emergency care unless the damages are due to the ski patroller’s gross negligence or willful and wanton misconduct.
Ski area operators and their employees, including ski patrol members, 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 Michigan ski accident law.
Compensation for Injured Skiers, Boarders, and Tram Passengers Under Michigan Ski Law
Michigan ski accident law allows an injured person (and sometimes, the family of a person injured or killed while skiing) 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.
Michigan does not allow the recovery of punitive damages, which are designed to punish a negligent skier, boarder, or ski area operator for egregious, malicious, or despicable behavior. Rather, Michigan allows the recovery of exemplary damages, which are meant to compensate an injured person for the negligent party’s malice or willful disregard for the injured person’s rights.
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We are experienced ski injury attorneys. We represent skiers, snowboarders, and tramway passengers (and their families) who were seriously injured while skiing, boarding, or riding chairlifts at Big Powderhorn Mountain Resort, Big Snow Resort, Bittersweet, Boyne Mountain, Boyne Highlands, Caberfae Peaks, Crystal Mountain, Hanson Hills, Marquette Mountain, Mount Bohemia, Mount Holly, Nub’s Nob, Pine Mountain Resort, Porcupine Mountains Ski Area, Shanty Creek Resort, Ski Brule, The Highlands, Treetops Resort, and other Michigan ski areas.
If you or your loved one was seriously injured or killed while skiing, snowboarding, or riding a ski lift in Michigan, 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 short. The statute of limitations is running. Call us today.