Injured While Skiing? Elements That Will Come Into Play In A Legal Claim

Law Blog

When you have suffered an injury while skiing, you may decide that you want to pursue a lawsuit against the resort where you were injured. It is important to understand the things that may impact your case. The following list are a few of them:

Liability Waivers That You May Have Signed.

One of the first things that will need to be considered is whether or not you signed a liability waiver before you headed out onto the slopes. Some ski resorts will have you sign a liability waiver that will waive your rights to sue the ski resort in the event that you suffer any form of injury while skiing – even in previous seasons. For example, one snowboarder attempted to take a ski resort to court for the injuries that he suffered on the slopes. Unfortunately, his personal injury suit was dismissed because he obtained a season pass from the resort and he signed their liability waiver saying he waived his rights to collect damages for any injuries that had occurred in previous seasons. Even if you are not purchasing a season pass, you may still be signing your rights away for a single-day pass so make sure you are clearly reading the verbiage of what you are signing.

The Resort's Duty to Ensure the Premises Was Reasonably Safe.

As a business, the resort has a duty to ensure their premises are kept safe. This includes the ski lifts, slopes, equipment, etc. When they fail to maintain their grounds, they may be able to be held liable for any injuries that occur under the premises liability theory.

Your Actions While Out on the Slopes.

It is also important to keep in mind that your lawsuit can be directly affected by your own actions while you were skiing. If you openly and knowingly place yourself in a risky situation, you are essentially taking responsibility for any injuries that you may potentially suffer. For instance, if the resort has clear boundaries set up that you are not to go outside of and you decide to go on an adventure outside of those boundaries and end up getting hurt, you will likely be liable for those injuries and cannot hold the resort responsible. Another example is if you decide to go on one of the hardest trails that the resort has to offer with little to no skiing skills. In the second example, the only way you may be able to recover damages is if you can prove that the resort informed you it was okay or escorted you on the trail.

Each and every lawsuit is different and have its own set of unique circumstances. It is for that reason that you need to speak to a local personal injury attorney like those found at the Law Office of Thomas G. Kemmy and share your story so that you can become familiar with any legal options that may be available to you.


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