Skiing and snowboarding are some of the most popular wintertime activities in mountain towns across the United States. This is for good reason—skiing and snowboarding give families time to get out in the open air and speed down mountains in beautiful locations, all while getting a great workout. However, for some, a day on the slopes can end in tragedy. Many accidents will result in slight bumps and bruises, but some can result in far worse injuries.
Injuries requiring a hospital visit can leave you and your family in a very stressful situation, whether it’s physically, emotionally, or financially. Luckily, though, you don’t need to go through this stressful experience alone. The accident attorneys at Zinda Law Group can provide legal help for all sorts of ski collision or ski resort accidents and are standing by to help guide you through.
As mentioned before, skiing and snowboarding are very popular winter activities. In fact, researchers at Johns Hopkins University concluded that around 10,000,000 people participate each year. However, the dark side of our love for the snow is that around 600,000 injuries are reported annually.
The accidents that cause these injuries can be divided into a few categories. First, accidents between a skier and another skier or snowboarder is perhaps the most common. In addition, skiers and snowboarders, especially those who are inexperienced, run the risk of colliding with a tree or lift pole.
Sometimes, accidents can be the result of the resort itself, however. If you rented your equipment and it fails on you due to some malfunction or defect that should have been corrected, the resort may be liable for your injuries. Similarly, your accident could have been caused by a faulty chairlift or poor teaching from an instructor.
The lifts and machinery used at ski slopes are usually safe when properly managed and maintained. However, this is not always the case. Some people suffer injuries when lifts malfunction, when someone uses the lift improperly, or when the victim’s injuries are caused by contact with other machinery. Resorts should only hire trained professionals to operate machinery and should routinely check it for defects. If you’ve been injured in an accident that involved ski lifts or machinery, call our ski accident attorneys to learn more.
Ski vs. Snowboard Accidents: Which Injuries Happen More Often?
According to the National Ski Areas Association, snowboarders are 50-70% more likely to get injured on the slopes but are about 30% less likely to be killed compared to skiers. Additionally, most skiing deaths occur after collisions with fixed objects where someone is moving at a very high rate of speed. Snowboarders also suffer more wrist, shoulder, and ankle injuries.
Common Ski Accident Injuries
In the same way, there are a few injuries that accident victims Knee injuries are very common. In addition, because skiers will often put out their arms in an attempt to break their fall, shoulder injuries, like dislocations or fractures, are very common as well. Snowboarding and skiing accidents also result in a fair amount of head and brain injuries. Collisions with another skier or object, as well as contact with the ground in a fall, can deal substantial blows to the head and lead to concussions or other types of traumatic brain injuries.
What Should I do After a Snowboarding or Skiing Accident?
While skiing and snowboarding are meant to be fun pastimes, accidents happen. A snowboarding or skiing accident can be very traumatic and leave you wondering what to do next. To keep yourself safe and safeguard your potential claim, it is important to follow a few key steps:
1. Seek Medical Attention
After snowboarding or skiing accidents, ski patrol will likely be on hand to triage the situation and offer assistance. Still, you should seek medical attention immediately after a snowboarding or skiing accident. Even if you don’t think you’ve been hurt, certain injuries may not appear until later, and talking to a doctor can help mitigate any issues. Also, seeking medical attention quickly may help prevent another party from proving that injuries aren’t severe or related to the accident.
2. Document the Snowboarding or Skiing Accident
After any sort of accident, it’s important to gather as much information as possible. You’re probably wondering how to gather this information, which must be done quickly in order to keep a proper record of the accident
Write down the location of the accident.
Take as many pictures as possible of the location, any injuries, and your surroundings. Be sure to document any important signs as well.
Get the contact information and address of the person or people involved in the crash with you.
Flag down any witnesses and obtain their personal contact information, as you may need their statements later on.
As you’ve probably heard before, a picture is worth 1,000 words, especially after a ski or snowboarding accident. Any evidence you obtain could help immensely in a claim for damages, so remember to document the scene thoroughly.
3. Contact a Team of Ski & Snowboard Injury Lawyers at a Personal Injury Law Firm
When it comes to seeking compensation for your injuries, the legal process can be rather complex and somewhat terrifying. Having an experienced ski accident lawyer on your side may mean the difference between receiving enough money to get you and your family through a difficult time and receiving nothing.
“Skiers that have been involved in an accident on the slopes should call us because, one, they’re hurt, and two, they usually have no idea where to start,” said Joe Caputo, partner and ski accident lawyer at Zinda Law Group. “Not only do you need to investigate how this happened, who’s responsible, and make sure that that’s dotted and crossed, but we also have to do some digging to find out if the person who hurt you has the right type of insurance that’s going to provide the right type of coverage.”
Speaking with an experienced attorney at a personal injury law firm soon after your accident makes it easier to pursue maximum compensation and see meaningful results.
The exact laws that will govern your case differ from state to state. Below is a summary of some of the similarities and differences between a few different jurisdictions.
Who is at fault in snowboarding or skiing accidents?
Generally, skiers and snowboarders have a duty to stay in control and avoid other people or objects. In fact, people ahead of you have the right of way, so they must be avoided. Given the duty of care every skier assumes when out on the slopes, an injured person may pursue a claim against individual skier rather than the resort itself.
While there aren’t many ski mountains in Texas, Texans love to travel throughout the United States to find some of the best skiing available. We’ve represented many Texans dealing with ski accidents that occurred out of state.
A lot of the applicable law in the state of Colorado comes from the Ski Safety Act (SSA), which was passed in 1979. One of the things that the SSA did was to establish that skiing is an inherently dangerous sport, and that skiers assumer some of those risks of skiing accidents. However, this does not mean that you have signed away all of your rights when you strap on your boots. Negligent ski area operators can still be held liable for injuries if they negligently caused them. Colorado skiing law also establishes that skiers must ski within their ability and pay attention to those around them. Uphill skiers owe a particular duty to downhill skiers as well because they have a better line of vision.
The law in New Mexico is similar to the law in Colorado. They even have a similarly titled law—the New Mexico Ski Safety Act. This law imposes similar duties on the individual skiers, and also establishes the requirements that operators carry insurance and warn visitors of certain risks and dangers when it comes to skiing accidents.
People from outside of the Grand Canyon State may assume that it is entirely desert, but Arizona is actually home to a few different ski areas. The relevant statute in the state states that skier accept the risk of changing snow conditions, which could be important in a warmer state where snow melts more quickly. However, it also outlines similar duties for skiers to watch out for other skiers and for resort owners to maintain their facilities in a safe and responsible way.
For skiers in California, it is important to understand that it is against the law to enter closed areas—skiers must stay on marked slopes. In addition, California imposes a requirement similar to automobile accidents in which it is against the law for a skier to leave the scene of an accident that they were involved in.
Wisconsin’s law sets forth the general requirements that skiers pay attention to those around them and follow all of the posted signage. However, interestingly, Wisconsin included a special provision in their law that ski patrol members are immune from liability unless they were acting recklessly or intentionally.
Michigan’s Ski Safety Act is actually the oldest of its kind in the country. It establishes that skiers and ski area operators both have certain duties to fulfill, and that skiing activity is subject to the oversight of a ski safety board.
It is important for skiers in New York to understand that the applicable law mandates that they read the “Warning to Skiers” section on their tickets. In addition, skiers need to make careful decisions, taking into account their level of expertise as to how they should ski and on what slopes.
HOW DOES A SKI ACCIDENT CASE WORK?
In a situation where another skier ran into you, the case will likely come down to whether that skier can be held liable for your injuries. Skiers owe a duty of care to other people on the slopes, and as mentioned before, uphill skiers owe a particular duty to downhill skiers. If the skier who collided into you was skiing negligently, whether it be out of control or above their skill level, they may be liable for your injuries. Interestingly, injuries resulting from injuries on the slopes are often covered by homeowner’s insurance policies.
What is the Cause of Action in a Ski Accident Case?
Negligence is the most common cause of action in personal injury cases, including skier injury cases. Individuals must exercise reasonable care in their actions to ensure no harm. For example, the law imposes a duty to exercise caution when driving a roadway motor vehicle or a snowmobile. In the skiing context, the meaning of “reasonable care” is largely defined by the Ski Safety Act. Showing that another party is liable for negligence requires proving:
1. A legal duty was owed by the defendant to the plaintiff.
2. The defendant breached that duty.
3. The plaintiff suffered an injury.
4. The plaintiff’s injury was caused by the defendant’s breach.
Suing the Ski Resort
Ski resorts, though they are excused from some liability by statute, can still be liable for injuries in certain cases. For example, if they negligently failed to mark dangerous spots or if they rented you faulty ski equipment without bothering to check to make sure that it was safe, then it is possible that they could be held liable. These sorts of cases can be difficult due to the fact that skiers assume certain risks of skiing, but resorts are not immune from liability in the event of a skier injury.
Typically, an injured ski accident victim would consult with an injury lawyer file a claim against the negligent party’s homeowner or renter insurance policy. The Ski Safety Act prescribes a statute of limitations for ski accidents, which creates a time limit for a claim for compensation to be filed. In Colorado, the statute of limitations for ski accidents is two years. After this period, you cannot file a case seeking compensation. Once the two-year countdown begins (date of the snowboarder or skier injury), speak with an attorney as soon as possible so that they have plenty of time to preserve your claim and prepare your case.
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I was very satisfied with the professionalism of my attorney and the paralegals, they helped me threw this accident and got me a great settlement, all while keeping me involved and informed. Zinda law group made me feel comfortable and I trusted them to fight for me. The trust was well placed! Thank Yous, I appreciate all that Yous done for me and my family!!
I’ve had such a great experience with Zinda law group! They’ve handled everything relatively quickly and professionally. They really have made my life a lot easier. I recommend anyone dealing with auto accidents (or similarly) to Zinda Law group.I felt I was very important to them and that my feelings and thoughts were validated. They treated me with much care and respect, not like “just another client”. I couldn’t have asked for a better team.
I truly recommend Zinda law group they truly helped me and my family during such a hard hard time. Very accommodating they work extremely hard to make sure that you are compensated from start to finish they made it happen and made a rough time a lot smoother than I could of ever imagined thank you all for everything if you are looking for a lawyer that goes above beyond look no further Michael will get you taken care of!
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I would like to recognize a fantastic attorney named Joe Caputo from Zinda Law Group. I was involved in an auto accident that had many complicated moving parts that were hard to navigate and understand as a victim. Joe was so gracious and spent quality time explaining what courses of action I needed to take as a victim to protect myself. Joe was also diligent in following up with me regarding my case and provided guides and checklists that were extremely helpful to keep things organized and moving. Joe was always readily available for my questions and responded promptly. Joe Caputo's excellent counsel ensured I protected myself when dealing with the opposing insurance company and ensured the best possible outcome for my case. Joe's expertise in personal injury lawsuits helped alleviate the stress and anxiety that follows the aftermath of an auto accident. Thanks again Joe! You are truly an amazing, kind person and attorney!
Zinda Law was incredibly amazing. I had the pleasure of working with Michael and his incredibly hard working team after my wreck in November. They went above and beyond keeping up with my health, bills, insurance companies, all that fun stuff I had no time for. After what felt like such a short amount of time, they were able to win every last penny from the "bad guys" insurance (loved that term). I couldn't happier, and even though I went through something traumatic, it was still the best experience I could have ever asked for. Thank you Michael and everyone that helped with my case, yall are the best!!
My attorney was Christina , she and her team gave me the best outcome for my case .I am giving an honesty review at first I was very upset because I kept getting moved around and I never knew who I was talking to because they switch attorneys and kept changing my paralegals.. I was going to go with another law firm but Christina helped me with my case from then on out and she worked around my schedule to talk to me which I appreciate. Also my last law firm took 30 percent, and this one took 33 percent which I wasn’t to happy so just a heads up. Overall I rate this 4 stars cause I’m just happy the case is over with and I get to go back to my life.Update: I just received another call from my attorney and they have worked to negotiate my case with the billing and have put more money in my pocket. All the money that I had spent while working on the case has came back to me. I can fully move on and say that I have gain every penny that was lose during those hard times. I’m so happy and thankful to Zinda law group!!!!!!
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I would recommend them to anyone that's been involved in an accident and feels skeptical in engaging an attorney.When one gets into an accident, you're traumatized, confused, angry and helpless.That was me last year, getting all kinds of advice becomes your next norm, to use or not to use an attorney.I was in so much pain from my injuries but at the same time knew I had to act fast.I called Zinda Law Group for consultation, they took my case seriously and treated me with respect, they were very professional and understanding.Elizabeth, kudos to you, you're true to your word, Integrity should be your last name.Jason Aldridge my attorney went to work immediately, he assured me that all be well and I should concentrate on my healing and he will do the rest. Thank your Sir, You did just that.His team, Mara, Zuleyma and Andrew, they all become my support system, so professional and lots of respect in each and everyphone call or email. Thank you guys.I would recommend anyone to use Zinda Law Group.
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My experience with Zinda Law Group was better than expected. After an accident that totalled my car, I reached out and was paired with a wonderful attorney. She communicated frequently and responded to my calls and texts in a timely manner. She was friendly, knowledgeable, and answered all of my questions. I was kept in the loop during every step of the process. I would call Zinda Law if I ever need this type of support again.
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Zinda Law Group helped me with my personal injury case after an auto accident. I was hurt pretty badly and I wasn't sure which attorney to call, I looked at reviews for Zinda Law and called right away.Kaitlin Nares and her team were so responsive and helpful. Kaitlin called me right away and helped me navigate through a very difficult process and time in my life. Being hurt in a car accident changes you!!! My case settled for more than I thought it would, and a lot quicker. I know sometimes things are more complicated, but my case was settled in only 3 months after my accident. Mary-Catherine was also so helpful in making sure everything was finalized! I have referred two people who have recently been in auto accident because it's not IF, its WHEN these days... I usually don't write reviews unless I feel strongly about sharing my experience to help others! Thank you!!!
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Zinda Law Group was recommended to me from another satisfied client and I certainly received excellent service. The attorneys and staff are very proactive with communication and I knew every step of the way what was happening on my case. I never felt pressured with decision making and they went above & beyond to answer questions with satifactory explanations. This is a very professional group of attorneys & support staff. In addition, they were willing to meet me at a location more convenient for me. I appreciated their concern for my time.
Could not speak highly enough of the firm. I was involved in my first accident and thankfully had Zinda Law Group supporting me through the scary time. Jono took care of me every step of the way. He made me feel like I was a priority through the entire process. A big thank you to Jono and the rest of the Zinda crew!
At this time we want to thank Zinda Law Group for taking our case and handling in a fast professional manner. During our tragic personal injury event we found comfort knowing Zinda Law was handling every detail of our case and exceeded our expectations. No one wakes up in the morning expecting tragedy to strike, but if it does we would highly recommend Zinda Law Group to anyone that should need their service. A very special thanks to everyone that worked diligently on our behalf.Sincerely,Blane and Cindy Colbert
When I come to Zinda Law Group with my case, I didn't know what to Expect. And I meet Joe Caputo, and I was unsure of his experience and that He would represent my best interest because he was young...lol . But after I Started to work with Joe and getting to know him and his staff I realize that That they truly were concern about my best interest. And through all the Doctors appointments and the travel arrangements Amanda Kenney made Sure everything was correct. I never meet Amanda In person, but we have talk so much on the phone... She is truly a Remarkable person and an asset to Zinda Law Group and Laura as well.Joe Caputo I take my hat off to you Sir. And thank you for the job you Have done you are truly a professional attorney. And I will recommend You and Zinda Law Group to anyone needing a professional attorney.May GOD continue to bless you and this Law firm.
Skiing and snowboarding accident compensation can be difficult to calculate from the outset of a skiing personal injury claim, but it does follow some basic principles. Compensation is typically made up of economic and non-economic damages. Economic damages are things like medical bills, lost wages from being unable to work, and damage to personal property. Non-economic damages include the pain and suffering that you experience as a result of your injuries, and this can be both physical and emotional suffering.
GET HELP FROM THE SNOWBOARD AND SKI ACCIDENT ATTORNEYS AT ZINDA LAW GROUP
Zinda Law Group has offices across the country to be able to provide you with the resources of a large firm while at the same time providing you with the individualized attention of a local office. In addition, we believe that an accident victim shouldn’t have to worry about their ability to afford legal representation, which is why we use a no-win, no-fee policy—you don’t pay your injury lawyer anything unless we win your case.
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AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
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AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2017-2020)
Awards & Recognition
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
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I certainly received excellent service.
The attorneys and staff are very proactive with communication, and I knew every step of the way what was happening on my case. They went above and beyond to answer my questions with satisfactory explanations.
This is a very professional group of attorneys and support staff.
I had an excellent experience working with the attorneys at Zinda Law Group!
They were knowledgeable, professional, and patient. They walked me through every step of the long process of getting treatment after my car wreck and kept me updated with timeframes and next steps.
I would absolutely recommend working with them!
Zinda Law Group has gone above and beyond in handling my case.
They professionally supported me through every step of the process, putting my health and life above everything else. I cannot thank them enough.