Ski Accident Lawyers | Boulder, CO

Have you been injured in a Colorado ski or snowboard accident? If so, you’re not alone. Advocacy group Safe Skis Colorado analyzed Colorado Department of Public Health and Environment skier safety data and found that up to 55 skiers and snowboarders go to area emergency rooms each day.

Shockingly, the number of skiers and snowboarders visiting ERs grew by more than 80% from 2016 to 2019. What’s more, many of these injuries were serious. More than a third of skiers transported to emergency rooms in one ski season required immediate surgery.

If you experienced a ski accident injury, you must contact an experienced Boulder ski accident attorney right away. Colorado law makes it difficult for injured ski victims to recover fair compensation, so you need a ski accident lawyer who understands how to get you the money you need. Here, we’ll provide an overview of Colorado ski accident law and share what you should do to pursue compensation for your injuries.

Boulder ski accident lawyer

 

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We have over 100 years of combined experience
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Common Causes of Ski Accidents

Ski accidents can occur for various reasons, often due to negligence or unsafe conditions. Common causes include:

  • Collisions with other skiers or snowboarders
  • Hazardous terrain or poorly marked trails
  • Faulty ski equipment
  • Chairlift malfunctions
  • Inadequate safety measures by ski resorts

Understanding the cause of your accident is a critical step in determining liability and building a strong case.

Who Is Liable for Your Ski or Snowboard Accident Injuries?

You may experience an accident due to your own inexperience, the recklessness of another skier, or the ski resort’s negligence. Determining who is responsible for your injuries impacts the compensation you may be able to recover.

The Ski Resort

Unfortunately, Colorado ski resorts enjoy great protection from liability for ski injuries. In January 2021, the Colorado Court of Appeals held that the small-print waivers on the back of lift tickets release ski resorts from all liability, and the Colorado Supreme Court declined to hear the case. Skiers typically sign waivers that promise to hold harmless the ski area for any and all liability.

This ruling seems contrary to the protections granted by The Colorado Ski Safety Act (§ 33-44-101 et.al.). Enacted in 1979, the Act defines the risks skiers assume as well as responsibilities of the ski resort. While this decision makes it more difficult to sue ski resorts, it does not prevent you from suing for injuries caused by another skier.

Other Skiers

Skiers have a duty of care to others on the mountain, meaning they must ski responsibly. Each skier must maintain control of their speed and direction. If another skier was reckless or did something irresponsible to cause your accident, they should pay for your injuries.

Colorado law says that the uphill skier is responsible for injuries because they have a duty to look out for skiers as they approach further down the mountain. The Ski Safety Act prohibits people from skiing while under the influence of alcohol or drugs.

Homeowners insurance usually covers damages caused by a skier. You may be able to recover these damages from the other skier’s insurance:

To receive compensation from another skier, you’ll need to prove that they acted negligently while on the slopes. A skilled ski accident lawyer in Boulder, CO can help build your case.

Equipment Manufacturer

If the ski resort equipment malfunctions, such as a mechanical failure on a lift, you may be able to sue the equipment manufacturer. This would allow you to possibly recover significant compensation from a third party, avoiding the limitations of liability that protect ski resorts.

Chairlift and Equipment Malfunctions

Chairlifts and equipment play a crucial role in ensuring a safe skiing experience. When these systems fail, the consequences can be catastrophic. Ski resorts have a responsibility to maintain chairlifts and other equipment properly. Failures due to inadequate maintenance, manufacturing defects, or operator negligence can lead to:

  • Falls from significant heights
  • Entanglement injuries
  • Stranded passengers in severe weather conditions

Victims of chairlift and equipment malfunctions may hold ski resorts or manufacturers accountable for their injuries. Legal claims often involve thorough investigations into maintenance logs, safety protocols, and equipment design.

Common Types of Ski Accident Injuries

Ski accidents can result in a wide range of injuries, from minor scrapes to life-altering conditions. Common injuries include:

  • Fractures and broken bones: Common in arms, legs, and ribs due to high-speed collisions.
  • Head and spinal injuries: These can lead to long-term complications or permanent disability.
  • Ligament tears: Especially in the knees, such as ACL or MCL injuries.
  • Frostbite or hypothermia: Resulting from prolonged exposure after an accident.
  • Internal injuries: Such as organ damage or internal bleeding.

These injuries often require extensive medical treatment and rehabilitation, emphasizing the importance of pursuing fair compensation.

Compensation for Ski Accidents

Victims of ski accidents may be entitled to various types of compensation, depending on the circumstances of the incident. These compensations include:

Economic Damages

  • Medical expenses: Covers current and future costs for treatment, rehabilitation, and medication.
  • Lost wages: Accounts for income lost due to inability to work.
  • Property damage: Compensation for damaged ski equipment or personal belongings.

Non-Economic Damages

  • Pain and suffering: Compensation for physical pain and emotional distress caused by the accident.
  • Loss of enjoyment of life: Reflects the impact of injuries on the victim’s ability to enjoy recreational activities.

Calculating compensation can be complex, requiring the expertise of an experienced Colorado ski accident lawyer to assess the full extent of damages and negotiate with insurers or pursue litigation.

Legal Steps After an Accident

Taking the right steps after a ski accident can significantly impact the outcome of your claim. Here’s what you should do:

  • Seek immediate medical attention: Prioritize your health and ensure that your injuries are documented by a medical professional.
  • Document the incident: Take photographs of the accident scene, your injuries, and any hazardous conditions that contributed to the accident.
  • Report the accident: Notify ski resort staff and request a written accident report.
  • Collect contact information: Gather details from witnesses and other involved parties.
  • Avoid premature communication: Refrain from speaking with insurance companies or signing any documents without legal guidance.
  • Contact a Colorado ski accident lawyer: An experienced attorney can evaluate your case, gather evidence, and guide you through the legal process.

3 Reasons Why You Need a Colorado Ski Accident Attorneys

While you may feel confident in your ability to handle your case without professional help, you’ll soon realize that presenting an injury claim requires a lot of hard work and legal expertise.

When you should be working your way back from painful disabilities, you’ll have to comply with insurance adjuster requests. Before you see a single dime of settlement money, there is a long list of procedures and issues to follow through. It will be your job to contact doctors for bills and reports.

Taking care of a serious injury case on your own involves focus on investigation, evaluation, and negotiation. Instead of taking on these new challenges, you should be working on your personal recovery.

When you are seriously injured, your financial future depends on obtaining adequate compensation for your injuries. You have a lot at stake. That’s why it’s important to seek help from a Colorado Ski Accident Attorneys before you make a critical mistake. Here are 3 additional reasons to consider.

1. Liability Issues

Accidents often involve liability issues that can be difficult to resolve. Colorado’s comparative negligence statute plays a key role in liability assessments. You must determine whether or not you contributed to the circumstances which caused the accident and how it may affect the compensation you receive for your injuries.

2. Dealing with Insurance Companies and Adjusters

When you have a serious injury claim, the other driver’s insurance company adjuster will call and may want to visit your home. It’s an adjuster’s job to clear up any liability issues, so they must record your statement.

3. Calculating Damages

When you’re injured, you know the pain, disabilities, and scarring you are forced to endure, but do you know their economic value? Injury claims don’t have one-size-fits-all evaluations. If two different people sustain the same injury, the settlement value will be different due to a wide range of factors. Attorneys research your injuries to understand how they affect you.

Contact a Boulder Ski Accident Lawyer

Ski accident victims should contact an experienced Boulder ski injury lawyer who can help them pursue maximum compensation. Ski injury law differs from general personal injury law, so make sure you find someone with experience in this area.

At Sloat, Nicholson, & Hoover, P.C., our ski accident attorneys in Boulder have nearly 100 years of combined experience helping accident victims. We want to help ski accident victims get the compensation they deserve and help make the slopes safer for everyone. To learn more about Colorado ski accident law and whether we can help with your case, contact us for a free consultation.