Montana Ski Accident Law in a Nutshell
The Montana ski safety statute is the cornerstone of Montana ski injury law, describing the duties, rights, and liability of skiers, snowboarders, aerial tramway passengers, and ski area operators. Here are the key aspects of Montana ski law in a nutshell.
Ski collision lawsuits allowed against negligent skiers and snowboarders? | Yes. |
Lawsuits allowed against negligent ski resort operators? | Yes— Montana ski area operators owe the duty of reasonable care to skiers, boarders, and tramway passengers, and may be held accountable for intentionally or negligently causing them to suffer injury or property damage. |
Damages available? | Yes—for 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—reasonable punitive damages may be awarded when the person or ski area causing the injury or property damage is “found guilty of actual fraud or actual malice.” |
Statute of limitations? | A lawsuit must be filed within three years of the date of the incident causing the injury or property damage, or the claim will be forever barred. |
Duties and Liability of Skiers, Boarders, and Tram Passengers Under Montana Ski Law
Under Montana ski law, skiers and boarders must ski at all times in a manner that avoids injury to themselves and others and be aware of the inherent dangers and risks of skiing. Skiers and boarders also must: (i) know the range of their ability and safely ski within the limits of their ability, keeping in mind that their ability may vary because of ski slope and trail changes caused by weather, grooming, or skier use, (ii) maintain control of their speed and course to prevent injury to themselves and others, (iii) abide by the skier responsibility code published by the National Ski Areas Association, (iv) obey all posted or other warnings and instructions of the ski area operator, and (v) read the ski area trail map and be aware of its contents.
Under Montana ski injury law, skiers and boarders may not: (i) place an object in the ski area or on the uphill track of an aerial tramway that may cause a skier or boarder to fall, (ii) cross the track of an aerial tramway except at designated points, and/or (iii) if involved in a ski accident, leave the accident scene without providing his or her full contact information and notifying the ski patrol when the skier or boarder knows that another person involved in the accident is in need of medical attention.
Under Montana ski accident law, a tramway passenger may not: (i) board or disembark from an aerial tramway except in designated areas, (ii) drop or throw any object from an aerial tramway, (iii) interfere with the operation of an aerial tramway, (iv) board an aerial tramway unless the passenger has the ability to use it safely without instruction or requests and receives instruction before boarding, and/or (v) board a tramway without the operator’s authority.
Skiers, boarders, and tramway passengers must accept all legal responsibility for their injury or property damage to the extent the injury or property damage results from the inherent danger and risk of skiing. That said, under Montana ski accident law, injured skiers, boarders, and tramway passengers may certainly hold a negligent skier, boarder, or tramway passenger, or a ski area operator, legally accountable for injuries and damages caused by their negligence. Violations of Montana ski law that cause property damage or injure another skier, boarder, or tramway passenger 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 Montana Ski Accident Law
Montana ski area operators owe the duty of reasonable care to skiers, boarders, and aerial tramway passengers, and must: (i) mark all trail grooming vehicles with flashing or rotating lights whenever the vehicles are working or moving in a ski area, (ii) mark with a visible sign the location of any hydrant or similar snowmaking equipment located on ski slopes and trails, and (iii) maintain one or more trail boards at prominent locations at each ski area displaying a map of the area’s network of ski slopes and trails, the ski area boundaries, and the degree of difficulty of the ski slopes and trails in that area.
Montana ski area operators also must: (i) post a notice requiring the use of ski-retention devices, (ii) designate, by trail board or otherwise, which ski slopes and trails are open or closed, (iii) post in a conspicuous location the current skier responsibility code published by the National Ski Areas Association, (iv) post the above-listed duties of skiers and boarders in a conspicuous location, and (v) mark designated freestyle terrain with a symbol recognized by the National Ski Areas Association. That said, Montana ski area operators owe no duties to trespassers or unauthorized ski area users.
Under Montana ski law, ski area operators also owe a duty to aerial tramway passengers to take responsible actions to properly construct, operate, maintain, and repair aerial tramways and passenger ropeways according to current standards in the ski industry.
Compensation for Injured Skiers, Boarders, and Tram Passengers Under Montana Ski Law
Montana 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 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.
Reasonable punitive damages are available in Montana, and may be awarded when the skier, boarder, or ski area operator causing the injury or property damage is “found guilty of actual fraud or actual malice.”
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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 Sky Resort, Blacktail Mountain Ski Area, Bridger Bowl Ski Area, Discovery Ski Area, Great Divide Ski Area, Lost Trail Powder Mountain, Montana Snowbowl, Red Lodge Mountain, Showdown Ski Area, Whitefish Mountain Resort, and other Montana ski areas.
If you or your loved one was seriously injured or killed while skiing, snowboarding, or riding a ski lift in Montana, 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.