The feeling of skiing down a mountain on a beautiful, sunny day is one of the best things to do in the winter. However, falling and being seriously injured happens all the time in this kind of sport. If you become seriously injured while at a ski resort, your legal rights are dependent upon how your injury occurred. If you believe that your injury was caused by another skier, it is possible to sue that person for recklessness or negligence. However, if you believe that your injury was due to the ski resort, your legal rights may be limited. You will need the help of a personal injury attorney to help you receive compensation.
Most states have laws that prevent skiers and snowboarders from suing a ski resort when the accident occurs out of an ‘inherent risk of skiing.’ The ‘inherent risk’ describes the obvious, expected and necessary aspects of skiing as an activity. This protects the ski resort from negligence claims and covers things such as:
- Skiers colliding with each other
- A skier’s failure to ski within his or her abilities
- Skiing outside the designated area
- How a ski resort designed its trails
- Whether or not the resort ‘grooms’ the trails
Not all the activities associated with skiing fall under the ‘inherent risk’ definition. It does not include a malfunctioning chairlift, an improperly parked snow machine, the actions of a ski instructor or ski patroller, and whether the resort put bumpers on the posts for the ski lifts. If you are seriously injured at a ski resort away from the ski slopes, the ski resort can be liable. This would fall under a traditional premises liability slip and fall case. Depending upon the state you are in, the inherent risk of skiing may differ. If you become injured in a skiing accident, it is vital to get the assistance of experienced and knowledge personal injury attorneys like the ones at Finkelstein & Partners, LLP.
Given the complicated nature of personal injury cases occurring while skiing or snowboarding at a ski resort, the best thing to do is to consult with the knowledgeable, experienced and very skilled personal injury attorneys at the Reinken Law Firm. We have years of experience in handling all types of personal injury cases and we know exactly what to do to help you receive compensation.