North Carolina Ski Accident Law in a Nutshell
The North Carolina ski safety statute, currently known as “Actions Relating to Winter Sports Safety and Accidents” (formerly known as the North Carolina Skier’s Safety Act) describes the duties, rights, and liability of skiers, snowboarders, chairlift passengers, and ski area operators. Here are the key aspects of North Carolina ski law in a nutshell.
Ski collision lawsuits allowed against negligent skiers and snowboarders? | Yes. No limitations. |
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 sued by the injured person or property owner. |
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 with clear and convincing evidence that the negligent party acted with fraud, malice, or willful or wanton conduct. |
Statute of limitations? | In North Carolina, a lawsuit must be filed within three (3) years from the date of the injury or property damage, or the claim will be forever barred. Wrongful death lawsuits, however, must be filed within two (2) years of the decedent’s date of death, or the claim will be forever barred. |
Duties and Liability of Skiers, Snowboarders, and Ski Lift Passengers Under North Carolina Ski Injury Law
Under North Carolina ski accident law, skiers and snowboarders must (i) know the range of their ability to negotiate a ski slope or trail and ski within the limits of such ability, (ii) maintain control of their speed and course at all times, (iii) maintain a proper lookout so as to avoid collisions with other skiers or boarders and avoid obvious hazards and inherent risks, such as variations in terrain, snow, or ice conditions, bare spots and rocks, trees, and forest debris, and (iv) stay clear of snow grooming and snowmaking equipment, vehicles, lift towers, signs, and any other equipment on the ski slopes and trails.
When skiing or snowboarding on freestyle terrain, skiers and boarders must know the range of their ability to negotiate the terrain and avoid conditions and obstacles beyond the limits of such ability that a visible inspection should have revealed.
North Carolina skiers and snowboarders also must (i) heed all posted information and other warnings, (ii) refrain from acting in a manner that may cause or contribute to the injury of themselves or others, and (iii) wear retention straps, ski brakes, or other devices to prevent runaway skis or snowboards.
Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, skiers and boarders must avoid moving skiers already on the ski slope or trail. Skiers and snowboarders also must not (i) move uphill on any passenger tramway, or (ii) ski or board while impaired in any way by the consumption of alcohol or using any narcotic or other drug.
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. 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.
If involved in a collision with another skier or person, a North Carolina skier or snowboarder must not leave the scene of the collision before giving his or her name and current address to a ski area employee, a ski patrol member, or the other person with whom the skier or snowboarder collided—with one exception. In cases when medical treatment is required, the colliding skier or boarder must provide their name and contact information as soon as practical after obtaining medical treatment for the injured person.
When riding passenger tramways, chairlifts, and ski lifts, North Carolina ski injury law prohibits skiers and snowboarders from (i) entering or leaving a tramway or lift except at the designated areas, (ii) throwing or expelling any object from a tramway or lift, (iii) interfering in any way with the operation of a tramway or lift, (iv) riding a tramway or lift unless the skier or boarder has the ability to do so with reasonable safety, (iv) engaging willful or negligent conduct on a tramway or lift that contributes or causes injury to another person or his property, and (v) entering a tramway or lift without the authority of the ski area operator.
Prior to the beginning of a competition, the ski area operator must allow each competitor to make a reasonable visual inspection of the course or area where the competition will be held. Competitors assume the inherent risk of all course conditions, including, without limitation, weather and snow conditions, course construction or layout, and obstacles that a visual inspection should have revealed. Ski area operators are not liable for the injury or death of a competitor caused by such assumed inherent risks.
Violations of North Carolina ski law causing property damage or the injury or death of another skier, snowboarder, 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 North Carolina Ski Accident Law
Under North Carolina ski law, ski resort operators must (i) mark all trails, (ii) mark all maintenance vehicles with flashing or rotating lights that must be operating whenever the vehicles are working or moving in a ski area, and (iii) mark with a visible sign the location of any hydrant or similar equipment used in snowmaking operations that are located anywhere in a ski area.
Ski area operators must indicate the relative degree of difficulty of a ski slope or trail with appropriate signs prominently displayed at the base of a slope where skiers enter a lift serving the slope or trail, or at the top of a ski slope or trail. The signs must be of the type approved by the National Ski Areas Association and in current use by the ski industry. Ski resort operators also must post signs giving reasonable notice of unusual conditions on a ski slope or trail at or near the top of, or entrance to, the slope or trail.
North Carolina ski law further requires ski resort operators to (i) provide adequate ski patrols, (ii) clearly mark any hidden rock, hidden stump, or other hidden hazard known by the operator to exist, (iii) inspect all public ski and snowboard trails, slopes, and freestyle terrains at least twice daily and maintain a log recording the (a) the time of the inspections, (b) name of the inspector(s), and (c) general surface conditions, based on industry standards, for the entire ski area at the time of the inspections, and (iv) conspicuously post the general surface conditions of the entire ski area at least twice daily.
Ski area operators also are responsible for (i) ensuring that chairlift operating personnel are properly trained and adequate in number, (ii) meeting all safety standards for terminals, stations, line structures, and line equipment, and (iii) complying with all rules and regulations regarding the safe operation and maintenance of ski lifts and tramways, including all necessary inspections and record keeping.
In short, ski resort operators must follow North Carolina ski law and not engage willfully or negligently in any type of conduct that contributes or causes injury to a person or their property. If a ski area operator, skier, or boarder violates North Carolina ski law and injures any person or damages any property, such violation will automatically constitute negligence by the ski area operator or person violating the law.
Thus, under certain circumstances, North Carolina 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 North Carolina ski accident law.
Compensation for Injured Skiers, Snowboarders, and Chairlift Passengers Under North Carolina Ski Law
North Carolina ski accident law allows an injured person (and sometimes, the family of a person injured or killed while skiing) to sue for compensation for 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, loss of the enjoyment of life, and/or other wrongful death damages.
While North Carolina law allows the recovery of punitive damages from a negligent skier, snowboarder, or ski area operator, the maximum amount that may be awarded is the greater of three times the amount of actual damages or $250,000.
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We are experienced North Carolina ski injury attorneys. We represent skiers, snowboarders, and tramway and lift passengers (and their families) who were seriously injured or died while skiing, boarding, or riding tramways or lifts at Appalachian Ski Mountain, Beech Mountain Resort, Cataloochee Ski Area, Hatley Pointe, Sugar Mountain Resort, and other North Carolina ski areas.
If you or your loved one was seriously injured or killed while skiing, snowboarding, or riding a ski lift in North Carolina, 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 that will bar your claims. Call us today.