Oregon Ski Accident Law in a Nutshell
The Oregon Skiing Activities law describes the duties, rights, and liability of skiers, snowboarders, aerial tramway passengers, and ski area operators. Here are the key aspects of Oregon 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 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 Oregon 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—Oregon allows the recovery of punitive damages when the skier or ski area operator at fault acted with malice or acted with reckless and outrageous indifference to a highly unreasonable risk of harm with a conscious indifference to the health, safety, and welfare of others. |
Statute of limitations? | A lawsuit must be filed within two years of the date of the injury or property damage, or the claim will be forever barred. An injured person or his or her family also must notify a ski area operator about an injury or wrongful death within 180 days after the injury or death occurred, or the claim will be forever barred. |
Duties and Liability of Skiers, Boarders, and Tramway Passengers Under Oregon Ski Law
Under Oregon ski accident law, skiers and snowboarders must ski within the range of their abilities, 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 any other skier or snowboarder except to avoid contact and must grant the right-of-way to the overtaken person.
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. Oregon ski law does not limit a skier’s or boarder’s right to sue another skier or snowboarder for damages, injury, or death resulting from the other skier’s or boarder’s actions or failure to act.
As a matter of Oregon ski injury law, an individual who engages in the sport of alpine or Nordic skiing accepts and assumes the inherent risks of skiing to the extent they are reasonably obvious, expected, or necessary. Skiers and boarders are the sole judges of skill limits and their ability to meet and overcome the inherent risks of skiing. Thus, skiers and snowboarders also are responsible for damages, injury, or death to themselves or other skiers or snowboarders (and their property) resulting from such inherent risks.
Under Oregon ski injury law, skiers and snowboarders must: (i) abide by the directions and instructions of the ski area operator, (ii) familiarize themselves with posted information on the location and degree of difficulty of ski trails and slopes, (iii) observe and understand all posted information, signs, and warnings, and will be presumed to have done so, (iv) not cross the uphill track of any surface lift except at designated locations, (v) yield to other skiers when entering a ski trail or starting downhill, (vi) wear retention straps or other devices to prevent runaway skis, (vii) not board rope tows, wire rope tows, J-bars, T-bars, ski lifts, or other similar devices unless they have sufficient ability to do so, (viii) not depart from the ski area after being involved in a ski accident without providing their name and full contact information, (ix) notify the ski area operator about any ski injury before leaving the ski area, and (x) not board or exit a ski lift except at designated areas or by authority of the ski area operator.
If a skier or snowboarder violates any of these duties, the ski area operator will be entitled to withdraw the violator’s skiing privileges.
Violations of Oregon 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. But before filing a lawsuit, an injured person must notify the ski area operator about the injury within 180 days after the injury or death occurred, or within 180 days after the injured person discovers, or reasonably should have discovered, his or her injury. Failing to give a ski area operator the required 180-day notice forever bars a claim for injuries or wrongful death unless the ski area operator otherwise knew about the injury or death within the 180-day period, or the skier or skier’s heirs had good cause for failing to give notice.
Duties and Liability of Ski Area Operators Under Oregon Ski Accident Law
Other than generally requiring ski area operators to properly hire and train their employees, maintain an effective and informative signage system for the protection and instruction of skiers and snowboarders, and exercise the highest degree of care in operating and maintaining their ski areas in a safe and efficient manner, Oregon ski law imposes only the following affirmative duties on ski resort operators:
- Ski area operators must give skiers and snowboarders information about the requirements for notifying operators about any injury or death and the effect of failing to do so.
- Ski area operators must give skiers and snowboarders information about their above-listed duties and obligations while skiing.
- Ski area operators that own and/or operate ski lifts, ski tows, J-bars, T-bars, ski mobiles, chair lifts, and/or aerial tramways must exercise the highest degree of care for the safety of users when operating them.
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 Oregon ski accident law.
Compensation for Injured Skiers, Boarders, and Tram Passengers Under Oregon Ski Law
Oregon 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.
Oregon allows the recovery of punitive damages when the skier or ski area operator at fault acted with malice or acted with reckless and outrageous indifference to a highly unreasonable risk of harm with a conscious indifference to the health, safety, and welfare of others. In Oregon, 70% of punitive damages awarded by a jury goes to the State of Oregon to help fund programs for crime victims and state court facilities, and 30% goes to the injured skier or snowboarder.
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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 Anthony Lakes Mountain Resort, Cat Ski Mt. Bailey, Cooper Spur Mountain Resort, Ferguson Ridge Ski Area, Hoodoo Ski Area, Mount Ashland, Mount Bachelor, Mount Hood Meadows, Mount Hood Skibowl, Summit Pass, Timberline Lodge, Warner Canyon Ski Area, Willamette Pass, and other Oregon ski areas.
If you or your loved one was seriously injured or killed while skiing, snowboarding, or riding a ski lift in Oregon, 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.
