You can find people hitting the slopes any time of the year. Snowboarding remains as popular as ever. While we hope you enjoy the fresh powder as often as you can, snowboarders should know their options if they end up in the emergency room after a nasty snowboarding injury.
The question you may have is, who is liable for these snowboarding injuries and deaths? One can hardly file a lawsuit against Mother Nature. So, what factors can affect liability in a snowboarding accident?
Snowboarding Can Be More Dangerous Than You Think
Snowboarding is similar to skiing, but the rider is attached to a snowboard rather than two skis. Although this may not seem significant, controlling a snowboard can be much harder than a set of skis.
One of the things snowboarders love about the sport is that it provides riders with a big adrenaline rush. Sadly, it can also cause serious injuries and even death. Experts say skiing and snowboarding cause more winter accidents than other sports or outdoor activities.
Who is Legally Responsible for These Snowboarding Injuries?
Every snowboarding case is unique, and there’s no easy answer to this question. Sometimes, it’s not difficult to point to the responsible party. Other times, your personal injury attorney may have to investigate before they name a defendant in your personal injury claim.
Depending on the facts of your case, your personal injury lawyer may have to sue more than one party. For example, if you suffer an injury while snowboarding at a big resort, you may need to sue the resort’s owner and management company. If your injuries are due to defective snowboarding equipment, you’ll pursue a personal injury lawsuit against the equipment manufacturer.
Below, we’ll discuss potential defendants in your snowboarding lawsuit and the most common types of lawsuits involving snowboarding collisions, injuries, and deaths.
Who Should You Name in Your Snowboarding Injury Lawsuit?
When you file a personal injury lawsuit, you must name all possible defendants in your initial complaint. The last thing you want to do is forget to name a specific party, only to learn later that they were solely responsible for your snowboarding injuries.
Ideally, the insurance company for the resort where your injury occurred will pay your initial insurance claim. If this doesn’t happen, your accident attorney will have to look elsewhere to recover the compensation you deserve.
In your typical snowboarding or skiing accident, you’ll likely name some (or all) of the below defendants in your lawsuit:
- Owner/Manager of the snowboarding or ski resort
- The company that handles the maintenance of the resort’s equipment (i.e., chair lift, ski lift, etc.)
- The designer, manufacturer, or distributor of fault snowboarding or ski equipment/gear
- Another individual if they were partly or wholly responsible for your accident
- The doctor who treated you for your injuries (if they acted in error)
- Any other party who contributed to your accident or injuries
The good news is that your attorney will help determine who the potential defendants are in your case. They’ll also work hard to negotiate a settlement that covers your losses, including medical bills, lost income, and other damages.
Premises Liability
Snowboarding resorts are responsible for ensuring their premises are reasonably safe for visitors. If they fail to do this, they may find themselves on the receiving end of a premises liability lawsuit. It depends on whether the skier or snowboarder can prove the resort is responsible for their injuries.
For example, the resort has a duty of care to ensure its chair lifts, equipment, and ski lifts are operating correctly. It must also check the maintenance logs for its equipment and inspect it for defects.
Now, if the plaintiff’s injury results from their negligence, the resort may not be liable. In these cases, the plaintiff may receive partial damages for their accident case or none at all.
For example, suppose a would-be claimant isn’t wearing the proper gear and collides with another rider. In that case, the defendant will argue that the individual is at least partly responsible for their injuries.
Snowboarding Off-Trail
Although ski resorts are typically responsible for injuries on their property, the courts will not hold them liable for injuries that happen off designated trails. If a snowboarder suffers a brain injury while traveling off the resort’s designated trails, they may not have a legal claim for damages.
Still, if property owners can reasonably anticipate injuries or accidents, they may have a duty to warn. If the resort manager knows that there are hazardous conditions near its slopes, they should let their customers know.
For example, the law may require the resort to post signs about a steep cliff just 20 feet away from a designated course. If they fail to do so, the snowboarder may have a viable personal injury case.
Liability Waivers
Anybody who skis or snowboards should know that there are inherent risks involved in their sport of choice. Hurtling your body down a ski slope may be thrilling, but it’s also dangerous. There’s all sorts of things that can go wrong.
Potential defendants will argue that you knew about the risks and visited the ski area anyway. Others may ask guests to sign a liability waiver that limits their ability to sue should they suffer an injury.
Some resorts require season pass holders to sign this type of waiver when they purchase their pass. This waiver can even apply to past seasons if the liability waiver contains a retroactive clause. Liability waivers are also common with regular day passes, so review your agreement carefully.
Are You a Trespasser or Ticket Holder?
Resorts may be responsible for ensuring their slopes are reasonably safe for ticket holders, but they aren't obligated to protect trespassers. However, if the resort knows it's prone to trespassers trying to get in for free, it must use reasonable care to warn trespassers about dangerous conditions.
Contact a Personal Injury Attorney Sooner Rather Than Later
Like every snowboarding trick, each snowboarding injury lawsuit is unique. Contact an experienced personal injury attorney to determine your next move if you've suffered a snowboarding injury. Take advantage of a free case evaluation and determine if your case is worth pursuing.
Related Resources
- Ski Accidents: When to Sue, When Not to Sue (FindLaw's Law and Daily Life)
- Scarred on the Slopes: Our Top 5 Legal Tips for Skiing Accidents and Injuries (FindLaw's Law and Daily Life)
- When is Ski Resort Liable for Injuries? (FindLaw's Law and Daily Life)
