Temple Ski Accident LawyersLast updated on: June 4, 2022
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Many Texans love to ski. In fact, only California has more skiers than Texas. While skiing can be an enjoyable sport for the whole family, it’s fairly easy for new skiers to get injured on the slopes, either by colliding into an object or another skier. That’s why it’s important for you to know Temple ski accident lawyers you can trust in the event of an accident.
If you or a loved one were injured in a ski or snowboard accident, call (800) 863-5312 to receive a 100% free case evaluation from the Temple Ski accident lawyers at Zinda Law Group. We are ready to assist you in your time of need.
How does a ski or snowboard accident occur?
There are many reasons why a ski or snowboard accident may occur. Even at the best resorts, there are unforeseen issues and poor slope maintenance which turn family ski trips into a trip to the hospital. However, even if you have adequate knowledge about the types of accidents that occur while skiing, it doesn’t mean that you will be able to avoid them.
Indeed, injuries in snow sports are the elephant in the room when it comes to ski season. Even though it is important to be aware that skier injuries can and do happen, you shouldn’t be in fear of getting injured while you’re on vacation. The question for a lot of cautious skiers is ‘What can I do to prevent injuries?’ For most skiers this includes warming up, improving pre-snow season fitness, and having the right equipment. Nevertheless, some circumstances are out of your control.
If you were injured as a result of someone’s lack of care, then you should be able to hold that person accountable A personal injury lawyer from Zinda Law Group is ready to help you with this difficult and confusing process. We can help you pursue maximum compensation to help you recover. Here are a few of the most common causes of ski accidents:
Poor Slope Conditions
The mountain environment is subject to quick changes in condition, and many ski resorts follow their own protocols when it comes to cold weather safety. The safest of resorts will shut down the mountain in the event of below-freezing temperature and strong winds. Additionally, resorts are likely to have an alarm system that indicates that the mountain is being temporarily shut down. Unfortunately, some resorts do not respond appropriately to these conditions.
Poor slope management can amount to negligence. For example, part of the duty of slope managers is to oversee the removal of natural obstacles and maintain legally required warning signs. If a fallen tree or another obstacle that could have been removed is not, it could result in skier injuries. Additionally, a misplaced warning sign could lead a skier down a slope that is above their skill level or, even worse, directly into harm’s way.
Ski Lift Failure
Not only do ski lift failures occur when there are mechanical issues with the lift, but also when the best lift loading practices are not observed. Failing to abide by safe lift practices includes the failure to have an attendant present in the loading zone or the attendant allowing too many passengers on board the lift at one time.
Even though ski lifts are relatively simple mechanical devices, poor maintenance by the ski operator or an engineering/manufacturing defect can result in disastrous injury to ski slope patrons. Experts in ski lift operations are needed to maintain these large pieces of machinery, especially considering that a ski lift failure may result in a skier falling from a high altitude.
Ski instructors ought to be extremely careful when teaching people how to ski and snowboard. If a ski instructor fails to inform skiers of the dangers of skiing, falsely encourages students to do blind jumps, or forgets to present relevant safety instructions, their failure to adequately inform may constitute negligence. After all, ski lessons are meant to prevent injury.
Not only is a ski instructor responsible for providing adequate instructions and warnings, but they are usually responsible for overseeing ski school students. Therefore, a ski instructor should never introduce students to challenging terrain when he or she knows that they are not ready for it. These failures can lead to severe injuries.
Skiers on the slopes often have a wide range of abilities. For example, some skiers have years of experience on the slopes, while others may be fresh out of ski school. Whereas some skiers and snowboarders can traverse black diamond slopes with ease, newer skiers and snowboarders are unable to do so. Furthermore, some skiers and snowboarders may be traveling in groups with young children with them.
Unfortunately, the range of skills and experience on the ski slope can often cause collisions. Oftentimes, collisions occur when one skier tries to ski uphill or overtake another skier. The severity of a ski collision is often impacted by speed and how skiers collide with one another.
Resort Safety Measures
In general, there are a few major things that can prevent ski accidents and injuries. Most of these things are actions that the resort can take to improve safety, and other things are the responsibility of all skiers, such as refraining from skiing while intoxicated. Below is a brief list of some actions that could be taken to improve safety and help prevent accidents:
- Ensure instructors patrol the slopes for negligent behavior
- Properly inform skiers of the unique aspects of the slope
- Have a ski lift maintenance technician on call
- Close the slope before it gets dark
- Maintain adequate warning signs
- Require skiers to wear helmets
- Promote the use of ski braces
- Have ski lift operators present
Above are just a few steps that could be taken to improve safety and prevent injuries. Unfortunately, even these simple steps can be overlooked by ski resorts. Furthermore, ski resorts want the lowest operating costs possible in order to increase profits, but this usually results in danger to patrons.
What is negligence?
Negligence is the legal standard for most personal injury cases, and it will likely be necessary to prove negligence in your ski accident lawsuit. Negligence refers to acts or omissions which fall below the acceptable standard of care in each situation. In other words, there is a duty to take reasonable care to avoid foreseeable harm. In the context of a ski accident, for example, there is a duty to take reasonable care to ensure that patrons can ski and snowboard safely.
Proving negligence is vital to most personal injury claims. To establish negligence, you will need to show that the person or entity you are suing breached their duty of care and that the breach caused your injuries. By establishing negligence, you will then be able to recover damages for your injuries.
Who Can Be Held Liable
While a ski accident could be the result of skier error, it is often the case that the resort or property owner could have prevented the injury from occurring. Again, negligence refers to the act or failure to act in a way that gives way to foreseeable danger. The most common omissions include, but are not limited to:
- Lack of first aid kits or on sight emergency services
- Lack of necessary warning sighs
- Poor property maintenance
- Ski lift malfunctions
As previously mentioned, ski resorts have a duty to take care of their equipment or prevent foreseeable danger. Sometimes, ski equipment, such as ski lifts, malfunction on their own. In this case, injured skiers may have a product liability claim.
After establishing negligence, the next step is to prove damages. Damages are the standard form of tort redress. In personal injury cases, damages refer to monetary compensation for lost wages, medical bills, and pain and suffering. More specifically, there are two types of tort damages: compensatory damages and punitive damages. Compensatory damages are meant to help you recover after an accident while punitive damages are meant to punish the wrongdoer.
For damages to be awarded, there must be some sort of harm that occurred. Usually, if a lawsuit is initiated, it means that there was some type of harm for which compensation can be sought. The type of harm accounted for at the damages stage includes pain and suffering, emotional harm, property damage, and so on. In the context of a ski accident, this typically means compensation for medical bills, lost wages, and funds to replace lost or broken equipment.
Assumption of risk defense
The assumption of the risk defense is a commonly used tactic that, if successful, bars plaintiffs from recovery. This defense relies on whether a liability waiver was signed. Usually, a liability waiver prohibits a skier from suing the ski resort. However, there are exceptions to liability waivers.
In most cases, the enforceability of a liability waiver hinges on the language of the agreement. Specifically, it calls into question whether the language was sufficiently clear to reflect the party’s intent. In this regard, the assumption of risk defense does not entirely preclude the defendant from bearing some of the responsibility for your injuries, but it might show that you were aware of the risks and thereby limit your recovery.
GET HELP FROM our Temple ski accident lawyers
At Zinda Law Group, our experienced team of attorneys is focused on protecting your rights and preparing your case after a ski or snowboard accident. A personal injury lawyer from Zinda Law Group can help you and your family pursue maximum compensation for medical bills, property damage, lost income, pain and suffering, and much more.
We offer a00% free consultation, and you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your injury case. That is our No Win No Fee Guarantee! If you or a loved one has suffered a skier injury or been involved in a snowboarding accident, call Zinda Law Group at (800) 863-5312 to schedule a free consultation with our Temple ski accident lawyers.
Meetings with attorneys are available by appointment only.