Ski Resorts Can Be Held Liable In Certain Circumstances
Whether or not you can sue a ski resort for your injuries is a complex matter, and it takes an attorney experienced in Colorado ski laws to determine if you might have a claim. There are some circumstances in which you can sue a ski resort for your injuries, but in other instances, another party might be liable.
Our attorneys have taken hundreds of personal injury cases to trial, and we are always trial-ready even if a settlement might be in the offing. Contact us today for more information, or keep reading to learn when you can sue a ski resort for your injuries.
Under What Conditions Can I Sue a Ski Resort for My Injuries?
The Colorado Ski Safety Act lays out duties and responsibilities for ski operators and their staff. When neglecting these duties leads to ski injuries, the resort can be held liable.
You can sue a ski resort if they are neglectful by:
- Failing to post the required signage
- Failing to follow regulations for passenger trams
- Failing to properly equip maintenance snow vehicles
Colorado law prohibits filing a personal injury claim for injuries due to the inherent risks of skiing. However, when injuries are due to the ski operator’s negligence, you may be able to sue even if you signed a liability waiver.
Could Other Parties Be Liable for My Ski Injuries?
Section 33-44-109 of the Colorado Ski Safety Act lays out duties and responsibilities of skiers. Failure to follow these regulations results in a class 2 petty offense and makes that skier liable for injuries caused as a result of such negligence.
Skiers have a duty to:
- Maintain control of speed and course
- Avoid trails or slopes marked “closed”
- Stay clear of signs and maintenance equipment
- Heed all posted information
- Avoid moving skiers on slope or trail
- Avoid use of alcohol or other controlled substances
- Stay on marked trails and slopes
You can sue another skier if they have violated these regulations and it resulted in your injuries. On the flip side, if you committed any of these offenses you may not be able to sue the ski resort for your injuries.
Limitations on Compensation for Ski Injuries
You must file your personal injury claim for ski injuries within two years of the injury. In addition, Section 33-44-113 sets limits on damages for ski injuries. These limits are $1,000,000 for lawsuits against ski resorts and $250,000 for lawsuits against other skiers.
If your claim is successful, you can receive economic damages such as:
- Present and future medical expenses
- Present and future rehabilitation costs
- Present and future loss of income
- Property damage, if applicable.
When these expenses exceed the limitations, the law provides for the judge to increase the award accordingly. You may also be awarded noneconomic damages such as pain and suffering, emotional distress, disfigurement, or disability.
Have You Been Injured in a Ski Accident?
If you have been injured in a ski accident and believe that the ski resort may be liable, you need to speak to an attorney experienced in the Colorado Ski Safety Act and its applications. It is important that you not discuss your case or take on any blame to yourself until you have spoken to an attorney.
At Flesch and Beck, our attorneys are dedicated to helping you cover the expenses for your ski injuries so that you can get back on your feet and back to living life. Contact us today for a free consultation and review of your case.