How to Sue for a Ski Accident in Colorado
Skiing and snowboarding are popular ways to enjoy the beautiful Colorado landscape. Unfortunately, skiing and snowboarding also involve a certain element of risk. If you have been injured while participating in either of these activities, it is important to understand the legal implications of a potential ski accident lawsuit. Canceling your day with friends or family is bad enough, but it could significantly impact your life if you have severe injuries. Sustaining an injury from a ski or snowboard accident doesn’t necessarily mean it’s worthwhile to pursue a legal claim.
There are two main types of ski accident claims in Colorado:
1) Claims against another snowboarder or skier.
2) Claims against a ski resort.
If you were injured by another snowboarder or skier, your ability to pursue a claim depends on the individual’s responsibility for your injuries. It is important to know whether they were acting recklessly or carelessly and if their actions directly caused your injury. If you can prove that the other individual was responsible for your accident, you can seek compensation for medical expenses and lost wages.
As a general matter, it is extremely difficult to pursue a claim against a ski resort. The reason is that every resort asks skiers or snowboarders to waive any claims against the resort when purchasing a ski pass or a lift ticket. In addition, the Ski Safety Act generally protects resorts from claims. There are exceptions to these rules, such as when an injury occurs on a chair lift or gondola. But one should consult an attorney on whether their case meets one of the exceptions.
Claims Against Another Snowboarder or Skier
If you wish to pursue a claim against another snowboarder or skier, The Colorado Ski Safety Act can be helpful. This law requires all skiers and snowboarders to ski within the limits of their ability, maintain control over their course and speed, and avoid skiing when impaired by drugs or alcohol. Additionally, you must be able to demonstrate that the other person was at least partly responsible for your injury and that their negligence resulted in the injury.
Additionally, Colorado law puts the primary responsibility for a collision on the person skiing downhill to avoid collision with any person or objects below him. If your injury was caused by someone else’s failure to abide by these rules, you could have a possible negligence claim against them. Don’t worry about the other person’s finances—most people have homeowners, renters, or travel insurance that would cover your medical bills and other losses.
Claims Against the Ski Resort
If a ski resort is liable for your injuries, you could have a claim against them. The Colorado Ski Safety Act provides some legal protection for ski resorts from injuries caused by inherent risks such as snow, weather conditions, trees, uneven terrain, and other natural features. Many conditions on the slope, even avalanches, are considered inherent risks.
However, ski resorts can still be liable for their negligence. For instance, they can potentially be held responsible if they fail to properly maintain their equipment such as ski lifts or an employee causes an injury.
What information should you collect after a ski or snowboard accident in Colorado?
After a ski or snowboard accident in Colorado, it is important to collect as much information as possible. Take pictures of the scene of the accident and large-scale pictures of the trail. Gather all witnesses’ contact information and take pictures of any damaged equipment. If possible, get a copy of the accident report from the ski patrol. Additionally, keep detailed notes or a journal of your injuries, medical treatments, and any other related expenses. It is also beneficial to keep any correspondence between you and the ski resort or other parties involved. All of this information can be invaluable when filing a claim.
What do we need to know to resolve a ski or snow board accident claim in Colorado?
To resolve a ski or snowboard accident claim in Colorado, we will need the identity, address, and insurance policy of the person with whom you collided. We will also need to know your health insurance provider, what injuries you have, how long those injuries will take to heal, and whether your injuries resulted in lost income. It is also helpful to note how your injuries will impact your home life, loved ones, and daily activity.
Lastly, it is important to provide any proof of fault, such as photos or witness accounts. With all of this information, we can determine the best course of action to take to get you the compensation you deserve.
If you have been in a ski or snowboard accident in Colorado and would like to discuss details of your case to see if there is a viable claim, please give us a call at 970-315-2365 or learn more about our personal injury team.