Wyoming Ski Accident Law in a Nutshell
The Wyoming Ski Safety Act describes the duties, rights, and liability of skiers, snowboarders, aerial tramway passengers, and ski area operators. Here are the key aspects of Wyoming 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 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 Wyoming 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—Wyoming allows the recovery of punitive damages when the negligent skier or ski area operator acted with malice, or engaged in willful, wanton, or “outrageous” conduct. Per the Wyoming Constitution, there is no limit on ski injury damage awards, including punitive damages. |
Statute of limitations? | A lawsuit must be filed within four years of the date of the injury or property damage, or the claim will be forever barred. |
Duties and Liability of Skiers, Boarders, and Tram Passengers Under Wyoming Ski Law
Under Wyoming ski accident law, snowboarders and skiers 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. The Wyoming Ski Safety Act does not limit a skier’s or boarder’s right to sue another skier or snowboarder for colliding with and injuring him or her. 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. Skiers and boarders also have the responsibility to observe and understand all posted information, signs, and warnings and will be presumed to have done so.
As a matter of Wyoming ski injury law, skiers and snowboarders expressly accept and assume the inherent risks of skiing and are responsible for damage, injury, or death to themselves and other skiers or boarders (and their property) resulting from the inherent risks of skiing. Skiers may sue another skier or snowboarder for damage, injury, or death resulting from the other skier’s or boarder’s actions or failure to act.
Violations of Wyoming ski law that cause property damage or injure 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 Wyoming Ski Accident Law
Under Wyoming ski law, ski area operators must: (i) post signs visible to skiers and boarders at or near the beginning of each ski trail stating the degree of difficulty of the trail, (ii) post signs at or near ski lift loading areas stating the relative degree of difficulty of the ski trails serviced by the lift, and (iii) print a warning notice on all ski lift tickets and season passes stating:
WARNING. Under Wyoming law, a skier assumes the inherent risks of skiing and is legally responsible for damage, injury or death to person or property that results from the inherent risks of skiing.
Ski area operators also must mark or identify on trail maps the ski area boundaries, and (ii) post “closed trail” signs at the identified entrances of closed ski trails. Ski resort operators will have no duty to skiers and snowboarders who ski beyond the boundaries of an open ski area or ski in an area posted as closed or otherwise fenced or roped off.
Wyoming ski injury law also requires ski area operators to: (i) post signs in ski areas or on trail maps warning skiers and snowboarders about maintenance vehicles, (ii) equip maintenance vehicles with a light and a fluorescent flag mounted at least five feet above the bottom of the vehicle’s tracks visible at any time it is moving on or in the vicinity of a ski trail, (iii) annually inspect, operate, and maintain ski lifts in accordance with the most current version of the American National Standards Institute aerial tramway standards, and (iv) mark hydrants, water pipes, and other man-made structures on ski slopes and trails not ordinarily visible to skiers and cover them with shock-absorbent material. That said, such “man-made structures” do not include variations in steepness or terrain, whether natural or because of slope design, snowmaking, or grooming operations, including roads, catwalks, and other terrain modifications.
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 Wyoming ski accident law.
Compensation for Injured Skiers, Boarders, and Tram Passengers Under Wyoming Ski Law
Wyoming 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.
Wyoming allows the recovery of punitive damages when the negligent skier or ski area operator acted with malice, or engaged in willful, wanton, or “outrageous” conduct. In Wyoming, there is no limit on ski injury damage awards, including punitive damages.
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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 Grand Targhee Resort, Hogadon Basin, Jackson Hole, Meadowlark Ski Lodge, Pine Creek Ski Resort, Sleeping Giant Ski Resort, Snow King Mountain, Snowy Range Ski Area, White Pine Ski Area, and other Wyoming ski areas.
If you or your loved one was seriously injured or killed while skiing, snowboarding, or riding a ski lift in Wyoming, 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.
