New York Ski Accident Law in a Nutshell
New York has more ski areas than any other state. The New York Safety in Skiing Code is a comprehensive statute governing the New York ski industry. The Safety in Skiing Code establishes specific duties for skiers, snowboarders, chairlift passengers, and ski area operators, including additional supplemental duties recognizing that skiing may be “hazardous regardless of all feasible safety measures.” Here are the key aspects of the New York Safety in Skiing Code in a nutshell.
Ski collision lawsuits allowed against negligent skiers and snowboarders? | Yes. |
Lawsuits allowed against negligent ski resort operators for violating the Safety in Skiing Code? | Yes. |
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 (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. |
Punitive damages available? | Yes. But there is a high bar to clear. To recover punitive damages for an injury or wrongful death, New York law generally holds that there must have been a “conscious disregard of the rights of others,” “gross negligence, recklessness, or wantonness” or “an intent to injure” by the wrongdoer. |
Statute of limitations? | Yes. A lawsuit must be filed within three years of the date of the incident causing the injury or the injured person will lose his or her right to compensation. Wrongful death claims, however, must be filed within two years of the date of the incident. |
Duties and Liability of Skiers and Snowboarders Under New York Ski Law
Under New York ski law, skiers and snowboarders must (i) not ski in any area not designated for skiing, (ii) not ski beyond their limits or ability to overcome variations in slope, trail configuration, and surface or subsurface conditions, which may be caused or altered by weather, slope or trail maintenance or skier use, (iii) abide by the directions of the ski area operator, and (iv) remain in constant control of speed and course at all times so as to avoid colliding with plainly visible or clearly marked obstacles and other skiers and snowboarders.
The New York Safety in Skiing Code also requires skiers and snowboarders to (i) familiarize themselves with posted information before skiing any slope or trail, (ii) not cross the uphill track of any surface lift, except at points clearly designated by the ski area operator, (iii) not ski on a slope or trail designated as “closed” by a ski resort operator, (ii) not leave the scene of an accident where another skier or snowboarder was injured until the ski patrol arrives, except for the purpose of summoning aid, and (iii) not overtake another skier or snowboarder in such a manner as to collide with the skier or snowboarder being overtaken.
New York ski injury law further requires skiers and snowboarders to (i) yield the right-of-way to a skier or snowboarder being overtaken, (ii) not willfully stop on any slope or trail where stopping is likely to cause a collision with other skiers or snowboarders, (iii) yield to other skiers when entering a trail or starting downhill, (iv) wear retention straps or other devices to prevent runaway skis, and (v) not willfully remove, deface, alter, or otherwise damage signage, warning devices, or other safety devices placed and maintained by the ski area operator.
Recognizing that skiing is a hazardous voluntary activity regardless of the safety measures undertaken by ski area operators, the New York Safety in Skiing Code imposes additional duties on skiers and snowboarders, including (i) reading and understanding before skiing, the “Warning to Skiers” posted by the ski area operator, and (ii) instruction in the sport of skiing, including familiarizing himself or herself with the skills and duties necessary to reduce the risk of injury.
Violations of New York ski accident law that cause property damage or injure another skier constitute negligence and could result in a civil lawsuit by the injured person against the negligent skier or snowboarder.
Duties and Liability of Ski Area Operators Under New York Ski Accident Law
Under New York ski law, every ski area operator must (i) equip trail maintenance vehicles with warning devices and operate them whenever a vehicle is within the borders of any ski slope or trail, (ii) conduct employee training sessions at least once before the beginning of each ski season, (iii) conspicuously mark man-made obstructions within the borders of a ski slope or trail when the top of such an obstruction or hazard is less than six feet above snow level, (iv) maintain in a central location an information board showing the location of tramways, slopes, and trails and their status (open or closed), the location of emergency communication devices and medical equipment, and the relative degree of difficulty and the general surface condition of each ski slope or trail, and (v) inspect each open ski slope or trail at least twice a day.
New York ski accident law also requires ski resort operators to (i) develop and maintain a written policy for dealing with the reckless conduct of skiers and snowboarders, including the revocation of their lift tickets, (ii) conspicuously post and maintain signs notifying skiers and snowboarders about ski slope and trail maintenance, (iii) post in a conspicuous location at each chairlift line a sign stating the degree of difficulty of the ski trails served by such lift, and (iv) ensure that lift towers located within the boundaries of any ski slope or trail are padded or otherwise protected.
The New York Safety in Skiing Code further requires ski area operators to (i) conspicuously mark with warning devices and remove within a reasonable time known obstacles or hazards located within the boundaries of any ski slope or trail, (ii) have present at all times when the ski area is open, personnel properly and appropriately trained for the safe operation of on-slope vehicles, maintenance equipment, chairlifts, and first aid and outdoor rescue (ski patrol), and (iii) have present when the ski area is open, personnel appropriately trained for the instruction of skiers, snowboarders, and chairlift passengers about the risks inherent in the sport.
Recognizing that skiing is a hazardous voluntary activity regardless of the safety measures undertaken by ski area operators, the New York Safety in Skiing Code also imposes additional duties on operators, including (i) posting at every point of sale or distribution of lift tickets and printing on the lift tickets themselves a conspicuous “Warning to Skiers” about the inherent risks of skiing, (ii) posting at every point of sale or distribution of lift tickets a notice advising skiers, snowboarders, and chairlift passengers about the duties of skiers, chairlift passengers, and operators under New York ski law, (iii) making available at a reasonable fee instruction for skiers and snowboarders about the risks inherent in the sport, and (iv) posting notice to skiers and snowboarders about the right to a refund of the purchase price of an unused lift ticket if the purchaser determines that he or she is unprepared or unwilling to ski because of the risks inherent in the sport or the duties imposed upon him or her by New York ski law.
Violations of New York ski accident law by a ski area operator causing property damage or injury to a skier or snowboarder constitute negligence by the operator and could result in a civil lawsuit by the injured person or damaged property owner against the operator.
Compensation for Injured Skiers and Snowboarders Under New York Ski Law
New York ski injury 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.
Punitive damages are available under New York ski injury law where there was a “conscious disregard of the rights of others,” “gross negligence, recklessness, or wantonness” or “an intent to injure” by the wrongdoer.
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We are experienced New York ski injury attorneys. We represent skiers and snowboarders, and the families of skiers and snowboarders, who were seriously injured or killed while skiing, snowboarding, or riding a chairlift at Belleayre Mountain, Bristol Mountain, Catamount Mountain Resort, Gore Mountain, Greek Peak Mountain Resort, Holiday Valley, Hunter Mountain, Mount Peter, Peek’n Peak Resort, Plattekill Mountain, Swain Resort, Titus Mountain, West Mountain, Whiteface Mountain, Windham Mountain, Woods Valley Ski Area, and other New York ski areas—regardless of whether it was the fault of another skier, snowboarder, or a ski resort operator.
If you or your loved one was seriously injured or killed while skiing, snowboarding, or riding a ski lift in New York, 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.
