How is Negligence Established in Ski Accidents?
Skiing is a popular sport but it does carry the risk of serious personal injury. Common skiing injuries include orthopedic injuries, head injuries, and even damage to internal organs. Because of the unique circumstances involved in ski accidents; specific laws, rules, and regulations in each state are used to govern them.
An experienced ski accidents attorney is the best fit to help you navigate compensation for your personal injury; he or she will understand the particular aspects of ski law.
How is Negligence Established in Ski Accidents?
The “Assumption of Risk” Defense
Lawmakers in most states make a presumption that skiers understand that they are taking on a potentially risky activity. A defendant such as the ski resort owner will often raise the “Assumption of Risk” defense which means that they should not be held liable for your injury because you knowingly took part in an activity that had a high likelihood of causing harm. Many ski injury cases will also focus on the “threshold question”: the question seeks to answer whether or not the injury or death was related to a risk that the skier assumed. The answer will depend on state law as well as the particulars of the case.
Common Types of Ski Accidents
- Ski Collisions
- Ski Lift Accidents
- Ski Equipment Failure
- Ski Area Negligence
Types of Ski Accident Lawsuits
These are the most common types of ski accident lawsuits:
Ski Collision Lawsuit
Many skiers may not be aware of their legal obligations in the event of a collision with another skier. Law firms receive calls from injured parties where the person who crashed into them cannot be identified. Ski safety laws in most states require individuals involved in collisions with another skier or snowboarder to stop at the scene, help in any way possible and to give their name, address, and identification. In most cases, ski patrol or other ski area operators are not legally required to gather this information so the onus rests on the individuals involved in the collision.
Defective Products Lawsuit
If your skiing injury was caused by a defective or dangerous product such as a defective chair lift or ski binding; you may be entitled to compensation from the companies that designed, manufactured, and distributed the product.
Ski Area Negligence
Most personal injury lawsuits are based on a legal theory called negligence. If your skiing accident was caused by a lack of adequate signage or inadequate instruction from a ski instructor; you may be entitled to compensation from the ski resort.
It is in your best interest to contact a ski accident lawyer as soon as possible after the injuries have occurred. This ensures to best recollection of events and the likelihood that any ski resort employees involved in or after the incident will still be working on the mountain and able to testify. In addition, like other personal injury claims, ski accidents have a statute of limitations.
If you or a loved one were injured in an accident, you have enough to deal with. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times bigger with the help of a lawyer. Call the caring accident attorneys at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
