If you’ve ever hit the slopes before, you may have been in a situation where you nearly hit another skier or snowboarder but dodged to avoid colliding with them. In some cases, these “almost” situations come to fruition.
The most common type of ski accident is a skier-to-skier collision. When these accidents do occur, severe injuries are often the devastating result for both parties involved. Below, we discuss who may be liable in these situations and how to go about recovering damages if you are injured in a skier collision.
Many are aware of the fact that ski operators must adhere to legal conditions put into place by the Colorado Ski Safety Act. However, skiers (which also includes snowboarders and sledders) also must act with a certain duty of care in order to ensure their safety and the safety of others on the slopes.
This duty of care includes:
Skiing within their ability to maintain control
Following trail signs
Maintaining a lookout
One of the key issues in any skier collision case is determining which skier was the “overtaker” -- that is, the one coming from uphill. In many instances, Colorado ski law will find that the uphill skier is at fault, as this skier has the primary duty to avoid the skier or boarder below them.
If one skier is found to have acted negligently on the slopes, they could be held responsible if this negligence causes injuries or other damages.
As we mentioned earlier, skier collisions often result in devastating and even life-long injuries, including:
Head or brain injuries
Spinal cord injuries
This means that injury victims are oftentimes left with high amounts of medical bills and lost wages. If you’re injured due to a negligent skier, they may have homeowners, renters, or even travel insurance that could cover them for their fault. Your attorney can help find out what insurance coverage applies to your specific situation and help you file a claim.
If you or a loved one is injured in a skier-to-skier accident in Boulder, turn to our firm for legal representation. We will review each detail of your case to recreate your ski accident and help you pursue compensation against liable parties.
Do you want to learn more about your legal options? Contact Klein Frank at (303) 622-3876 to schedule your free case review!