After a ski accident, the first question is whether anyone was careless. A reckless skier, or a hazard the resort had a duty to mark, can point to fault.
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Article summary
Key things to know
- A skier or snowboarder who causes a collision through carelessness can be held liable for the injuries.
- Ski safety laws limit claims over the inherent risks of skiing, but not claims that an operator breached its legal duties.
- The filing deadline depends on the state and on who you sue.
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What a ski accident lawyer does
A ski accident lawyer handles injury claims against the people and companies whose carelessness caused a ski or snowboard accident. Ski accident cases are personal injury cases, part of our personal injury practice.
Your lawyer can request the ski patrol report, witness statements and photos of the accident scene. The lawyer then looks for the at fault party and any other parties whose insurance company may have to pay.
A ski accident attorney can compare an offer with what your injuries cost. Whether an offer is a fair settlement is the client’s call.
Common ski and snowboard accidents
Skiing and snowboarding are recreational activities with real risks. Serious accidents that lead to claims can involve these causes.
- A collision with a skier or snowboarder who was out of control
- A chairlift or ski lift accident
- A hazard the resort had a duty to mark
- Faulty equipment, such as rental bindings
- Careless ski instructors
Injury rates differ between skiing or snowboarding injuries, and ski accident statistics track them nationally.
Who can be held liable for a ski accident
The at fault skier
The at fault skier can be the liable party. A ski collision lawyer looks at speed, control and who was downhill. Those facts carry weight in deciding fault in skiing accidents between two skiers.
The National Ski Areas Association’s Your Responsibility Code, a safety standard, tells skiers to always stay in control.
Ski resorts and other responsible parties
Other parties can be responsible too, including ski resorts, a rental shop, an equipment maker or a ski school. In Colorado, suing a ski resort runs through the Ski Safety Act and its list of inherent risks.
How a ski accident attorney proves negligence
A negligence claim requires proof that the at fault party failed to use reasonable care and that this caused the injuries. Personal injury lawyers use the ski patrol report, witnesses and medical records to show it.
State ski safety laws
New Mexico, Arizona and Colorado each have a ski safety statute. Each sets duties for skiers and for resort operators, and each covers snowboarders.
What New Mexico law says
New Mexico requires resort operators to mark each trail with its degree of difficulty and to provide ski patrol personnel trained in first aid. Operators must keep ski lifts in safe condition.
A skier accepts the dangers inherent in the sport insofar as they are obvious and necessary. That rule does not cover injuries resulting from a breach of the operator’s duties under the act.
Arizona’s ski statute
In a claim against a resort operator, Arizona law says a skier accepts the risk of injury from the inherent dangers and risks of skiing. Its definition of those dangers excludes the operator’s negligence.
What Colorado law says
Colorado’s Ski Safety Act sets duties for Colorado ski resorts and for skiers. Each skier must keep control of speed and course and keep a proper lookout. The primary duty to avoid a collision is on the person skiing downhill toward people below, often called the uphill skier.
A violation of the act is negligence to the extent it causes injury. Colorado law also says a skier may sue another skier, and in that case a collision between skiers is not a risk the injured skier assumed.
A skier may not recover from a resort operator for injuries resulting from the inherent dangers and risks of skiing, as the statute defines them. That definition leaves out an operator’s negligence under the act, and it does not limit liability for injuries caused by ski lifts.
Colorado also limits the damages a skier can recover from the operator, except for injuries while riding a lift.
Common injuries in ski accidents
Ski accident victims can suffer serious injuries at high speed.
- Broken bones
- Knee injuries
- Traumatic brain injuries
- Spinal cord injuries
- Internal injuries
Severe injuries can mean surgery, and catastrophic injuries can change how a person lives. Physical injuries range from the most common skiing injury to rare ones.
What to do after a ski accident
- Call ski patrol. Patrollers can give first aid and write a report.
- Seek medical attention. Some injuries need immediate medical attention. Seek medical care the same day.
- Give and get names. Trade contact details with the other skier, and report the accident to ski patrol with your name and address before you leave.
- Collect proof. Take photos of the accident scene and ask for witness statements that day, because conditions change and witnesses leave.
- Keep your gear. Keep your lift ticket, equipment and rental paperwork.
These are the first steps after a ski accident.
Compensation in a ski accident lawsuit
A ski accident lawsuit is a personal injury claim that can include economic and noneconomic damages. State law and the evidence decide which losses injured skiers can recover.
What a claim covers
- Medical bills and future medical expenses the evidence supports
- Lost wages
- Physical pain and suffering
- Emotional distress
- Damaged personal property
Fair compensation accounts for each loss the law allows. No lawyer can promise a result.
Who pays the claim
An insurance claim after a collision may go to the at fault skier’s homeowners insurance company, depending on the policy. Policy limits, medical costs and fault all go into calculating claim value in personal injury cases from the slopes.
Filing deadlines for a ski injury lawsuit
These general rules cover the four states in the table.
| State | Claim | General deadline to file a lawsuit | Source |
|---|---|---|---|
| Texas | Injury | Two years in most cases | Tex. Civ. Prac. & Rem. Code 16.003 |
| New Mexico | Injury | Three years in most cases | NMSA 1978, 37-1-8 |
| New Mexico | Ski lift or ski area injury, against the operator | Generally three years from the injury | NMSA 1978, 24-15-14 |
| Arizona | Injury | Two years in most cases | A.R.S. 12-542 |
| Colorado | Injury | Two years in most cases | C.R.S. 13-80-102 |
| Colorado | Injury or damage from operating a lift or ski area, against the operator | Generally two years after the claim arises | C.R.S. 33-44-111 |
| Florida | Negligence | Generally two years for a claim that arose after March 24, 2023 | Fla. Stat. 95.11 |
A resort run by a government body can require written notice much sooner, and exceptions apply to every row.
State-specific deadlines
Questions about how much time you have?
When you are ready
Talk through the next step.
Ski accident lawyers by state and city
Our ski injury lawyers serve the cities listed below by state.
- Texas. Texas personal injury lawyers, Austin ski accident lawyer, Dallas ski accident lawyer, El Paso ski accidents, Fort Worth ski accidents, San Antonio ski accidents, Waco ski accident lawyer
- New Mexico. New Mexico personal injury lawyers, Albuquerque ski accidents, Santa Fe ski accidents, Taos Ski Valley accidents, Las Cruces ski accidents, Alamogordo ski accidents
- Arizona. Arizona personal injury lawyers, Phoenix ski accident lawyer, Tucson ski accident attorney
- Colorado. Colorado personal injury lawyers, Denver ski accident lawyer, Aurora ski accidents, Colorado Springs ski accidents, Fort Collins ski accidents, Breckenridge ski accidents, Copper Mountain ski accidents, Greeley ski accidents
A free consultation with a ski accident law firm
If you are looking for an attorney for a ski accident, our free case evaluation form is the place to start. A ski accident attorney reviews the legal options and legal process with you, including any resort waiver and the Colorado Ski Safety Act deadline.
Once you hire us, our personal injury lawyers handle your claim while you focus on medical care.
Our firm works on a contingency fee basis, so there is no out-of-pocket cost to secure the legal representation you need.
