Washington Snowboard Injury Lawyers

Washington Ski Accident Law in a Nutshell

The Washington ski safety statute is the cornerstone of Washington 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 Washington ski law in a nutshell.

Duties and Liability of Skiers, Boarders, and Tram Passengers Under Washington Ski Law

Under Washington ski law, all skiers and boarders must conduct themselves within the limits of their individual ability and not act in a manner that may contribute to the injury of themselves or another person. Accordingly, skiers and boarders must not: (i) board or disembark from a ski lift except at designated areas, (ii) throw or drop any object from a tramway, ski lift, or commercial skimobile, (iii) act in any manner while riding a rope tow, wire rope tow, J-bar, T-bar, ski lift, or aerial tramway that interferes with their proper or safe operation, (iv) place any object in an uphill ski track that may cause another person to fall, and/or (v) cross the uphill track of a J-bar, T-bar, rope tow, or wire rope tow except at designated locations.

Also under Washington ski accident law, skiers and snowboarders must always maintain control of their speed and course, and stay clear of any snow grooming equipment, vehicles, lift towers, and other equipment on the mountain. Each skier or snowboarder is the sole judge of his or her ability to negotiate any ski trail, run, or uphill track, and no legal action may be brought against a ski area operator due to the condition of any ski trail, run, or track—unless the dangerous condition is due to the ski resort operator’s negligence.

Because of the inherent risks in the sport of skiing, skiers and boarders must exercise reasonable care for their own safety and the safety of others. The primary duty to avoid a collision with any person or object below a skier or snowboarder is on the uphill skier or boarder. But any person on foot or using a sliding device (such as a sled, toboggan, tube, snow bike, ski trike, snow skates, or snow scooters) will be responsible for any collision with another person or object. Any person involved in a ski accident who leaves the accident scene without providing his or her contact information or leaves the scene without contacting the ski patrol if another person involved in the accident requires medical attention will be guilty of a misdemeanor.

Under Washington ski injury law, any person skiing outside the boundaries of open ski trails or runs will be responsible for any injuries or losses resulting from his or her actions. Skiers and boarders will be guilty of a misdemeanor if they knowingly ski a closed ski trail or run.

Finally, any person who boards a rope tow, wire rope tow, J-bar, T-bar, ski lift, or aerial tramway is presumed to have sufficient knowledge and ability to do so. A ski area operator and its employees will not be liable for failing to instruct a passenger on the use of a rope tow, wire rope tow, J-bar, T-bar, ski lift, or aerial tramway. That said, passengers must follow any written or verbal instructions given by an attendant regarding their use. Any person boarding or otherwise utilizing a rope tow, wire rope tow, J-bar, T-bar, ski lift, or aerial tramway without authority will be considered a trespasser.

Violations of Washington ski law that cause property damage or injure 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 Washington Ski Accident Law

Because skiing is such a profitable industry in the state, Washington ski law is specifically designed to protect ski area operators from liability, imposing minimal duties on operators principally focused on signage. For example:

• Ski area operators must maintain a sign system based on international or national standards and as may be required by Washington state parks and the Washington Recreation Commission.
• All signs instructing the public must be prominently placed and bold in design, with wording short, simple, and to the point.
• Entrances to all machinery, operators’, and attendants’ rooms must be posted with signage that unauthorized persons are not permitted.
• The sign “Working on Lift” or a similar warning sign must be hung on the main disconnect switch and at control points for starting the auxiliary or prime mover when repairs or maintenance are being performed on an aerial tramway.
• All signs required for normal daytime ski area operation must be in place. Signs pertaining to aerial tramways, ski lifts, or tow operations must be adequately lighted for night skiing.
• If a ski trail or run is closed to the public, a ski area operator must post a “closed trail” notice at the top of the ski trail or run involved. No skier or boarder may ski on a closed ski trail or run.
• Likewise, if an aerial tramway, ski lift, or rope tow is closed to the public, a ski area operator must post a closure notice at the boarding terminal or terminals of the closed tramway, ski lift, or rope tow. Any person attempting to board and utilize a closed tramway, ski lift, or rope tow will be considered a trespasser.

Under Washington Ski injury law, snow making equipment must be clearly visible and marked. Snow grooming equipment and other vehicles must be equipped with a yellow flashing light at any time the equipment and vehicles are moving on or near a ski trail or run. However, low profile vehicles, such as snowmobiles, may be alternatively identified with a flag on a mast of not less than six feet in height.

Finally, ski area operators must maintain readily visible signs at each rope tow, wire rope tow, J-bar, T-bar, ski lift, or aerial tramway, advising passengers (i) that any person not familiar with the rope tow, wire rope tow, J-bar, T-bar, ski lift, or aerial tramway must ask the attendant for assistance and/or instruction, and (ii) about the skiing-ability level (“easiest,” “more difficult,” and “most difficult”) recommended for the ski trails and runs serviced by the rope tow, wire rope tow, J-bar, T-bar, ski lift, or aerial tramway.

To be sure, taking legal action against a Washington ski resort operator for an injured skier’s or boarder’s damages is a difficult proposition. But it’s not impossible—especially if the ski area operator was negligent in the way it operated the ski resort. Each case will rise and fall on its own unique set of facts and the proper application of Washington ski accident law to such facts. That’s where we come in and why you should consult with us about your case as soon as possible after you have suffered a ski injury.

Compensation for Injured Skiers, Boarders, and Tram Passengers Under Washington Ski Law

Washington 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.

Punitive damages are not recoverable in personal injury cases in the State of Washington.

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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 49 Degrees North, Badger Mountain, Bluewood, Crystal Mountain, Hurricane Ridge, Loup Loup, Mission Ridge, Mount Baker, Spokane Ski Park, Stevens Pass, Summit at Snoqualmie, and other Washington ski areas.

If you or your loved one was seriously injured or killed while skiing, snowboarding, or riding a ski lift in Washington, 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.