Ski Accidents FAQ

Skiing is a cherished pastime in Colorado, drawing locals and tourists to the state’s stunning, snow-covered slopes. While the sport promises excitement and adventure, it also carries inherent risks.  

Skiing accidents can result in severe injuries, leaving victims grappling with financial burdens, physical pain, and emotional distress. 

At Downs, McDonough & Foley LLC, our experienced personal injury attorneys are dedicated to helping victims of skiing-related accidents. We serve clients throughout Durango, Telluride, Pagosa Springs, Cortez, and the wider Four Corners area. If you’ve been injured on the slopes, we’re here to guide you and ease the burden.  

Unsure if your ski accident qualifies for legal action? We’ve got you covered! Dive into our FAQs to get all your questions answered and find the information you need. 

Do You Need a Lawyer After a Ski Accident?

Ski accidents can seem straightforward at first glance, but they often involve multiple factors. From determining liability to deciphering waivers and handling insurance claims, these cases can get tricky. That’s why many injured skiers turn to us to level the playing field.  

Here are a few reasons why hiring an attorney for your ski accident can make a difference: 

• Understanding ski resort liability: Many resorts have liability waivers that can make filing a claim challenging. Our attorneys can assess whether the waiver holds up under certain circumstances, such as negligence or faulty equipment provided by the resort.  

• Handling insurance companies: Insurance companies often prioritize minimizing payouts over genuinely helping injured individuals. We advocate to secure fair compensation for your injuries and damages. 

• Determining fault: Ski accidents can involve other skiers, resort staff, or equipment manufacturers. Identifying the responsible party and building a solid case isn’t always clear-cut.  

• Understanding the legal process: Ski accident cases require knowledge of specific laws, regulations, and insurance policies. Pursuing compensation can be difficult without a clear and thorough understanding of these complexities. Our team is here to guide you through each step of the process. 

What Are Some Common Causes of Ski Accidents?  

To determine who’s responsible for your accident, you must identify its root cause. Common causes of ski accidents include: 

• Collisions with other skiers or snowboarders: Many accidents on the slopes involve another person. Reckless skiing, failure to abide by slope etiquette, and distracted skiing are some reasons collisions may happen. 

• Hazardous slope conditions: Resorts are responsible for maintaining safe skiing conditions. Neglecting to mark hazards like hidden tree stumps, sudden drop-offs, or ice patches can lead to injuries. 

• Faulty or poorly maintained equipment: Skis, snowboards, bindings, and boots that are defective or improperly maintained pose serious risks. Equipment providers and manufacturers may be held accountable for injuries caused by their products.  

• Negligent ski lift operation: Ski lifts are another area where accidents occur. Failure to safely operate or maintain lifts can endanger skiers.  

Regardless of the circumstances of your accident, understanding what caused it is a critical first step toward recovering damages.  

How Can You Protect Your Rights After a Ski Accident? 

If you’ve been involved in a ski accident, protecting your rights and gathering relevant evidence early is key. Here’s what our personal injury attorneys recommend: 

1. Report the accident: Notify ski patrol or resort staff immediately and request any available written reports. 

2. Document the scene: Take photos or videos of the accident scene, including visible injuries, damage to equipment, slope conditions, and hazard signs (or their absence).  

3. Collect contact information: Exchange information with everyone involved in the accident, including witnesses.  

4. Seek medical care: Even if your injuries seem minor, visit a healthcare provider as soon as possible. Conditions like concussions or internal damage may not be immediately apparent. Besides, medical records can serve as important evidence in your case.  

5. Consult an Attorney: Bring in legal professionals as early as possible. It’s our job to assess your case, deal with insurance companies, and protect your interests.  

6. Don’t sign anything: Never sign waivers, settlements, or statements without first consulting your attorney. Doing so could unintentionally forfeit your right to compensation. 

Colorado Laws Governing Ski Accidents

Colorado's skiing safety and liability regulations are governed by the Colorado Ski Safety Act of 1979. Here are some key points every skier should be aware of: 

Assumption of Risk  

Skiing is considered an inherently dangerous activity. Colorado law assumes skiers acknowledge and accept certain risks, such as terrain variations, weather conditions, and obstacles like trees or rocks. This doctrine may limit liability against ski resorts for certain types of injuries. 

Ski Lift Operator Duties  

Ski lift operators owe passengers a duty of care. If negligence, poor training, improper maintenance, or defective lift equipment causes an accident, operators or maintenance companies could be liable.  

Collisions Between Skiers  

Under Colorado law, skiers involved in on-slope collisions are required to exchange names and contact information and provide assistance to any injured individuals. Reckless skiing is strictly prohibited, with violators subject to potential legal penalties. 

Waivers and Releases  

Most ski resorts require visitors to sign liability waivers, protecting the resorts from certain legal claims. However, Colorado courts have invalidated these waivers in cases involving negligence or exceptionally hazardous conditions.