Minnesota Ski Accident Law in a Nutshell
Minnesota does not have a dedicated ski safety statute. Rather, ski injury lawsuits against negligent skiers, snowboarders, and ski area operators are governed by common law negligence principles and the common law assumption of risk doctrine. Here are the key aspects of Minnesota ski law in a nutshell.
Ski collision lawsuits allowed against negligent skiers? | 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 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 Minnesota 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? | Yes—Minnesota allows the recovery of punitive damages when the skier or ski area operator at fault acted with deliberate disregard for the rights or safety of the injured person. |
Statute of limitations? | A lawsuit must be filed within two (2) 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 Minnesota Ski Law
Under Minnesota ski accident law, skiers and snowboarders must ski within the range of their abilities, heed all warnings, maintain a proper lookout, control their speed and course, and generally avoid skiing in a manner that could cause injury. A skier or boarder must not overtake another skier or snowboarder except to avoid contact and grant the right of way to the overtaken person who is down the slope. When a ski collision occurs, the uphill skier is presumed to have had the best opportunity to avoid the collision and is generally held responsible. Minnesota 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.
If involved in a ski collision resulting in injury or death, a skier or snowboarder must not leave the scene of the collision before giving his or her name and contact information to the injured person, an employee of the ski area operator, and/or the Ski Patrol—except it is acceptable to temporarily leave the accident scene to secure aid for the injured person(s). But a skier or snowboarder who leaves an accident scene to secure aid must return to the scene after securing the aid and provide his or her name and contact information.
Violations of Minnesota 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.
Duties and Liability of Ski Area Operators Under Minnesota Ski Accident Law
Under Minnesota ski law, ski area operators must properly hire and train their employees, maintain an effective and informative signage system for the protection and instruction of skiers and snowboarders, and operate and maintain their ski areas in a safe and efficient manner.
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 Minnesota ski accident law.
Compensation for Injured Skiers, Boarders, and Tram Passengers Under Minnesota Ski Law
Minnesota 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.
Minnesota allows an injured person to recover punitive damages when the skier, snowboarder, or ski area operator at fault acted with deliberate disregard for the safety of the injured person. A skier, snowboarder, or ski area operator acted with deliberate disregard for the safety of an injured person if they intentionally disregarded or were consciously indifferent to a situation with a high probability of injury to the person.
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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 Afton Alps Resort, Andes Tower Hills, Buck Hill Ski Area, Coffee Mill Ski Area, Mount Kato, Giants Ridge, Lutsen Mountains, Powder Ridge, Spirit Mountain, Welch Village, Wild Mountain, and other Minnesota ski areas.
If you or your loved one was seriously injured or killed while skiing, snowboarding, or riding a ski lift in Minnesota, 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.