Can I Sue a Ski Resort for My Ski Accident Injuries?

Skiing – a thrilling winter activity and a great way to keep in shape during the cold winter months. Maybe it brings the desired adrenaline rush some are seeking in a sport. Of course, that comes with its risks. So, you may not be surprised to hear that most serious ski injuries don’t happen to novices. It is the more experienced skiers, those on the intermediate and advanced slopes, those pushing the limits, that are more likely to be involved in a ski accident. Perhaps they are taking more risks, or just navigating more challenging trails.

2015/2016 Winter Ski Season Statistics

According to the National Ski Areas Association (NSAA), there were 39 skier and snowboarder casualties in ski areas in the United States during the 2015/2016 season. In that same time frame, 45 catastrophic injuries occurred at U.S. ski areas—which is slightly below the ski industry’s 10-year average of catastrophic injuries.

Catastrophic injuries include forms of paralysis, broken necks, or broken backs, and life altering severe head injuries. This data does not include fatalities or injuries due to pre-existing medical conditions, such as a heart attack or stroke on a ski lift. Nor does it include fatalities or injuries to ski area employees while they are working since they are not considered guests of the ski area.

Most ski fatalities and ski injuries involved hitting a tree at high speed. Gender plays a big role with 42 of those with catastrophic injuries in the 2015/2016 season being men and only 3 women. Most were wearing helmets at the time of the accident.

Do I have a case against the ski resort? Ski Safety Laws in Massachusetts

Risks are inherent in the sport of skiing. Ski area operators may not be liable for damages to skiers which arise out of the risks inherent in the sport of skiing. They do however, have a duty to carry out their obligations established by law in the state in which they are located. Ski area operators in Massachusetts must:

Post notice of maintenance equipment in use.
Maintain trail maintenance vehicles and ensure vehicles have flashing or rotating lights in use while operating on the trails or slopes or in movement in the ski area.
Use required lighting equipment on emergency vehicles, such as Ski Patrol for emergency or first aid situations, or emergency maintenance vehicles.
Ensure all snowmobiles in the ski area use proper lighting while operating.
Mark the location of hydrants used in snow making operations.
Maintain the ski area under control in a reasonably safe condition and maintain signage on all buildings, tramways, ski trails, and slopes.

In addition, Massachusetts Ski Operators are required to conspicuously place within the ski area and on the back of any lift ticket issued notice of the statute of limitations and notice period for a ski related injury. Those injured in ski accidents in Massachusetts Ski Areas have a one year deadline to file a claim against the ski operator (the deadline for wrongful death cases on the ski slopes is three years). The ski area operator must receive written notice by registered mail of the injury within 90 days of the date of injury, or have previous knowledge of the incident. A lawsuit to recover compensation from such injuries must be filed within one year of the date of the injury.

Responsibility of Ski Area Operators in MA

Inherent Risks of Skiing

Changing weather conditions such as rain, snow, sleet
Changing surface and subsurface conditions- ice, powder, slush
Trees & stumps, forest growth
Lift towers, signs, hydrants
Snow grooming machines
Avalanches
Changes in terrain due to any of the above

Your Responsibility as a Skier

The ski slopes are not the place for risky behavior. Slow down, stay in control, and remember:

Wear a helmet and ensure your children are wearing a helmet.
Always stay in control and able to stop or avoid other people or objects.
Those ahead of you have the right of way and it is your responsibility to avoid them.
Do not stop where you may obstruct a trail or not be visible from above.
When beginning a trail, or merging onto a new one, look uphill and yield to other skiers.
Use devices, like wrist straps for poles, to prevent runaway equipment.
Adhere to posted signs and warnings. Keep off closed trails and areas.
Before using a ski lift, you must have the knowledge and capacity to load, ride, and unload safely.

Ski Accident Case Law in Massachusetts

Saldarini v. Wachusett Mtn. Ski Area, 665 N.E.2d 79 (Mass. 1996) held that the Ski Safety Act barred a claim against a ski area for ice conditions which caused collision with another skier.

In McHerron v. Jiminy Peak, 665 N.E. 2d 26 (Mass. 1996) the court held that a bare spot was an unavoidable risk, inherent in the sport, and a skier injured after skiing over the bare spot, could not recover.

Atkins v. Jiminy Peak, 401 Mass. 81, 514 N.E.2d 850 (1987). Statute of limitations of one year and 90 day notice requirement was applicable in an action by a skier against a ski area operator for negligent adjustment of rental bindings.

Tilley v. Brodie Mountain Ski Area, Inc., 412 Mass. 1009, 591 N.E. 2D 202 (Mass. 1992), ski area can be held liable when its ski patroller collides into another skier.

What to do if you’ve been injured while skiing in Massachusetts

Seek medical attention and immediately inform the ski resort and file a formal report. Massachusetts has a 90-day deadline to inform the ski operator of your injuries. Many personal injuries have a three year statute of limitations, however for a ski related injury in Massachusetts, a claim must be filed within one year of the date of injury. Those both may be valid, a claim filed for injuries that occurred from a ski accident would be different than a claim from a slip and fall from a leaky drink machine in the ski resort’s cafeteria or a tumble down a set of stairs with a faulty railing at the ski shop. Work with a Personal Injury Lawyer in MA to clarify the liability of the ski operator in your specific case. For a free consultation on your ski accident injury case, call Tapalian Law at 401-552-5000 or contact us online.