If you suffered a serious injury due to someone else's negligence while skiing or snowboarding in California, you may be entitled to recover financial compensation for your injuries. Although many people believe skiers and snowboarders "assume all risks" at resorts, if an accident is caused by the negligence of another skier, the ski resort, or the manufacturer of ski or snowboard equipment, victims may be able to recover damages for their injuries. Family members of victims of fatal ski accidents may be able to recover damages in a wrongful death claim. Ski accidents include, but are not limited to:
• Skier/snowboarder collisions with other skiers or riders;
• Skier/snowboarder collisions with trees, buildings or other fixed objects;
• Accidents resulting from faulty equipment;
• Accidents caused by ski instructor negligence;
• Accidents caused by negligent maintenance or insufficient avalanche control;
• Ski lift ejections due to negligent maintenance, design or operation of the ski lift.
• Slip and fall accidents at ski resorts.
Ski and snowboard accidents and unique legal issues; not all ski accident victims are entitled to recover compensation for their injuries. A ski lift is similar to an amusement park ride, and considered a common carrier in California. Ski lift operators have an enhanced duty of care to protect skiers from harm. If a ski lift operator is negligent and causes injury to a skier or snowboarder, the ski resort may be liable for the victim's injuries.
Ski Accident Facts and Statistics
There are inherent risks with skiing, and a number of notable people have died in skiing accidents, including Sonny Bono, Michael Kennedy, and Natasha Richardson. According to the National Ski Areas Association, on average, about 38 people die each year in ski and snowboard accidents. An average of 42 people per year suffer serious injury such as spinal cord injuries and traumatic brain injuries. Less than 10% of fatal accidents involve collisions among skiers and snowboarders. The number of people injured or killed in ski accidents is far less than the more than 40,000 deaths in automobile accidents or the 5,000 deaths in pedestrian accidents.
Ski Safety Tips
Ski safety is everyone's responsibility. Skiers and snowboarders can protect themselves from serious head injury by wearing a helmet and never riding slopes that are beyond their skill level. Skiers can observe the NSAA "Responsibility Code" and help reduce the risk of being involved in an accident on the slopes:
• Always stay in control.
• People ahead of you have the right of way.
• Stop in a safe place for you and others.
• Whenever starting downhill or merging, look uphill and yield.
• Use devices to help prevent runaway equipment.
• Observe signs and warnings, and keep off closed trails.
• Know how to use the lifts safely.
Time Limits to Pursue Compensation for Ski Accident Injuries
Like all states, California has a statute of limitations in which limits the amount of time in which injured victims can pursue a claim for compensation. If you have been injured in a California ski resort accident, contact an experienced California personal injury attorney - one who has successfully handled California ski accident injury and wrongful death claims - who can advise you of your legal rights and options, and best course of action to recover compensation for your injuries, including medical expenses, lost earnings, pain and suffering, and other damages.
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