Skiing and snowboarding are among the most popular sports in New England but they are not without risk. Poor trail grooming, faulty equipment, or out-of-control skiers are often to blame for injuries and even deaths on the slopes. Thankfully, most broken bones and wounded pride heal relatively quickly and don’t leave permanent scars, physical or otherwise.
There are, however, much more serious injuries that can occur, including head injuries resulting in traumatic brain injuries, back and spine injuries resulting in paraplegia, and other catastrophic injuries that can result in permanent impairment or even death. These types of ski- and snowboard-related accidents can be devastating and life-changing. If they occur because of negligence, victims deserve to be compensated for their injuries and the law recognizes that.
We are often asked whether or not you can sue a ski resort or equipment manufacturer for related accidents and injuries. The answer is somewhat nuanced. Because skiing and snowboarding are acknowledged to be inherently dangerous sports, skiers and boarders themselves are expected to bear some of the risk. For example, you are obligated to know your own limits and not ski down a black diamond if you’re better suited to the bunny hill, and to maintain control at all times.
Can I Sue a Ski Resort Operator for Ski and Snowboard Accidents?
When injuries occur through no fault of your own, you may be able to seek financial compensation from other parties, including resort operators. While it can be difficult to sue a ski resort in Massachusetts or New Hampshire for your injuries, operators may be held responsible in the following circumstances:
- Poorly groomed trails: While exposed rocks, tree branches, stumps, and bare spots are not typically grounds for a lawsuit, improperly maintained trails or failing to mark particularly dangerous areas are. But remember, if you choose to ski outside of marked or open trails, or use the resort to access out of bounds areas, your claim may be greatly undermined.
- Equipment failure: If you are injured due to a defect in skis, binding and/or boots and you rented your equipment from the resort, the resort operator (and the equipment manufacturer) may be liable for your injuries, along with the product manufacturer.
- Failure to adequately warn skiers of closed trails: If a ski area operator is aware of a particular hazard on their property, such as an unmarked ski run or an unstable area, they must warn skiers and snowboarders of the risk. If they fail to provide adequate warning, they can be held liable if someone is injured as a result.
- Overservice by lodge restaurants: If you are injured by a skier or snowboarder who is intoxicated as a result of overservice of alcohol by lodge restaurants or bars, the resort operator may be held liable for your injuries.
- Reckless skiers: Resort operators and their ski patrol can be held responsible for failing to remove skiers from the slopes who are skiing recklessly and are at high risk of injuring other skiers.
What if I’m Injured by Another Skier?
You may recall the real-life courtroom drama starring Gwyneth Paltrow, who was accused of running into another skier and causing him permanent injuries. While Ms. Paltrow ultimately prevailed in that suit and was found not responsible for the plaintiff’s injuries, it is possible to get compensation in a civil suit against another skier if that person acted negligently.
Similar to auto accidents in which a person who rear-ends you is most likely to be found responsible for the accident, the skier who is uphill from you on the slopes has the obligation to avoid a collision with you and anyone else downhill from them. If the uphill skier causes a crash that results in your injury, that could form the basis of a personal injury claim.
As is the case with other personal injury claims, skiers and snowboarders can be held responsible for reckless or negligent behavior, such as performing crazy stunts that put others in danger, or skiing while impaired and causing injury. In fact, there have been cases where skiers have been charged with manslaughter after causing the death of another skier while engaging in tricks or daredevil behavior, whether or not they were intoxicated.
What Damages Can I Claim in a Ski and Snowboard Lawsuit?
There are a host of damages that could be recoverable in a ski-related lawsuit, depending on the severity of the injuries. These include but are not limited to:
- Medical and hospital expenses
- Loss of earnings
- Home or vehicle modifications due to the injury
- Mental and emotional pain and suffering
- Loss of lifestyle
- Loss of future earnings
How Long Do I Have To File A Ski-Related Lawsuit?
In Massachusetts: A one-year statute of limitations applies to parties who bring suit against a ski area operator in Massachusetts.
In New Hampshire: A two-year statute of limitations applies to parties who bring suit against a ski area operator in New Hampshire.
Importantly, both states require you to notify the resort operator by certified return receipt mail of the injury within 90 days. If the resort receives the notice past the 90-days, you are barred from suing.
For accidents resulting in death, the longer statute of limitations in both states associated with wrongful death actions applies. In Massachusetts and New Hampshire this is three years. An exception to the above time limits may apply if you did not become aware and had no reason to know of an injury or death until sometime after the accident so it is best to consult an experienced lawyer as soon as possible following the accident.
Time is of the essence in ski- and snowboard-related lawsuits. If you or a loved one has been injured while skiing or snowboarding, call us at (866) 698-9535 or complete the contact form below to schedule a free consultation to see if you have a claim.
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