Another lawsuit between a skier and a snowboarder
Posted: July 24, 2008 | Author: Recreation Law | Filed under: Skier v. Skier | Tags: Alpine skiing, Colorado, Colorado Mountain College, Leadville Colorado, Ski, Ski Resort, Sports |
As I have talked about before, skier v. snowboard litigation is growing and a real mess. See 8 Year old boy sued in Colorado for ski collision. That case settled, see Lawsuit settles. However another lawsuit has been filed in Colorado see: Lawsuit filed in Snowmass skiing accident.
In this current case a husband and wife from Illinois are suing a snowboarder from New York. Allegedly the snowboarder was uphill from the plaintiffs and traveling at a high rate of speed when he hit the husband. The husband suffered a broken leg, broken collarbone and a torn rotator cuff. The spouse is suing for Loss of Consortium. Loss of Consortium is the loss of the services a spouse provides to a marriage. Loss of consortium includes the loss of sex. If you married sex has a value.
Colorado specifically allows for skier v. skier litigation in its Skier Safety Act. C.R.S. 33-44-109(1) (see below) when many states have said that skier v. skier collisions are a risk you assume when skiing. (Skiing here is interchangeable for any activity at a ski resort using the snow and mountain.)
The legal basis of the complaint is the failure of the snowboarder to comply with the Colorado Skier Safety Act. The Colorado skier safety act is a statute first passed in 1979 and amended several times. It is the strongest legislation protecting ski areas in the US. The act does have several requirements for skiers. Colorado Revised Statutes § 33-44-108 states:
(1) Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability. Each skier expressly accepts and assumes the risk of and all legal responsibility for any injury to person or property resulting from any of the inherent dangers and risks of skiing; except that a skier is not precluded under this article from suing another skier for any injury to person or property resulting from such other skier’s acts or omissions. Notwithstanding any provision of law or statute to the contrary, the risk of a skier/skier collision is neither an inherent risk nor a risk assumed by a skier in an action by one skier against another.
(2) Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him.
(3) No skier shall ski on a ski slope or trail that has been posted as “Closed” pursuant to section 33-44-107 (2) (e) and (4).
(4) Each skier shall stay clear of snow-grooming equipment, all vehicles, lift towers, signs, and any other equipment on the ski slopes and trails.
(5) Each skier has the duty to heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others. Each skier shall be presumed to have seen and understood all information posted in accordance with this article near base area lifts, on the passenger tramways, and on such ski slopes or trails as he is skiing. Under conditions of decreased visibility, the duty is on the skier to locate and ascertain the meaning of all signs posted in accordance with sections 33-44-106 and 33-44-107.
(6) Each ski or snowboard used by a skier while skiing shall be equipped with a strap or other device capable of stopping the ski or snowboard should the ski or snowboard become unattached from the skier. This requirement shall not apply to cross country skis.
(7) No skier shall cross the uphill track of a J-bar, T-bar,
platter pull, or rope tow except at locations designated by the operator; nor shall a skier place any object in such an uphill track.
(8) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, the skier shall have the duty of avoiding moving skiers already on the ski slope or trail.
(9) No person shall move uphill on any passenger tramway or use any ski slope or trail while such person’s ability to do so is impaired by the consumption of alcohol or by the use of any controlled substance, as defined in section 12-22-303 (7), C.R.S., or other drug or while such person is under the influence of alcohol or any controlled substance, as defined in section 12-22-303 (7), C.R.S., or other drug.
(10) No skier involved in a collision with another skier or person in which an injury results shall leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision; in which event the person so leaving the scene of the collision shall give his or her name and current address as required by this subsection (10) after securing such aid.
(11) No person shall knowingly enter upon public or private lands from an adjoining ski area when such land has been closed by its owner and so posted by the owner or by the ski area operator pursuant to section 33-44-107 (6).
(12) Any person who violates any of the provisions of subsection (3), (9), (10), or (11) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars.
As you read through this section of the act, you will notice however that the act places burdens on all skiers that must be followed. If you don’t you could be sued.
When you ski, you have to follow the rules and the laws. Everyone worries about the speed patrol or the ski patrol yanking their ski passes if they ski too
Image via Wikipedia
fast or out of control. Here you can see if you ski out of control the repercussions can be much worse.
If you would like more education about ski area liability I teach a college level ski area risk management course through Colorado Mountain College. The course is SAO 110. The course is taught in Leadville Colorado for 10 weeks in the fall and is available online year round.
Recreation Law 
Its obviously terrible when people get hurt, but accidents do happen. Seems everyone is out to sue for anything…
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