Another Ski Area lawsuit

A skier is claiming that Sunlight Mountain Resort is at fault for his injuries after he was knocked down by a chair lift. Allegedly the plaintiff was boarding the Number 1 lift this past spring (2008) when he was knocked to the ground by the chair.

The complaint alleges employee negligence, failure to properly train and supervise employees, and the employees failed to follow rules and regulations

The plaintiff suffered a fracture of the neck of his femur.

Absent a release, this will start off as a contest to determine where the injury occurred. If the injury occurred outside of the lift then the Colorado Skier Safety Act will control and the plaintiff will have a difficult time winning.

If the plaintiff can convince everyone the injury occurred once he had boarded the lift then the lift operator owes the plaintiff the highest duty of care. (See Bayer, v. Crested Butte Mountain Resort, Inc., 960 P.2d 70; 1998 Colo. LEXIS 391; 1998 Colo. J. C.A.R. 2416)

However the fight will not end there. The Colorado Skier Safety Act requires that a passenger have the skills, dexterity, ability, and knowledge to negotiate or load and unload the lift.

C.R.S. 33-44-104(1) No passenger shall board a passenger tramway if he does not have sufficient physical dexterity, ability, and knowledge to negotiate or use such facility safely or until such passenger has asked for and received information sufficient to enable him to use the equipment safely. A passenger is required to follow any written or verbal instructions that are given to him regarding the use of the passenger tramway.

A passenger must also obey any instructions and any posted information.

C.R.S. 33-44-104 (2) No passenger shall:

(g) Disobey any instructions posted in accordance with this article or any verbal instructions by the ski area operator regarding the proper or safe use of a passenger tramway unless such verbal instructions a

However is there a duty on the part of the ski area to have someone there to slow (swing back) the chair as a passenger boards it? The statute only speaks to the lift attendant being in a position to stop the lift.

See Sunlight facing lawsuit over March lift accident

Accidents at ski resorts or anywhere for that matter are bad occasions. Ski resort accidents compound the problem because a person is injured while they are on their vacation. However, at some point we must determine when we are going to learn, assume the risk and take a chance on life if we want to enjoy it.