Terrain Park Injury prompts Lawsuit against Idaho Resort

Schweitzer Mt. Resort is being sued for the injuries suffered by young snowboarder who fractured a femur, hip, vertebrae and a head injury. The plaintiff maintains the jump subjected the boy to physical forces and danger above those inherent in the sport as reported from the Bonner County Daily Bee.

The defense is arguing the Idaho statute states the snowboarder expressly assume the risk of the injury and requires a rider to know the range of their abilities and ski within their limits.

The specific statute being referenced is:

Idaho Code § 6-1106 (2008)

§ 6-1106. Duties of skiers
It is recognized that skiing as a recreational sport is hazardous to skiers, regardless of all feasible safety measures which can be taken.

Each skier expressly assumes the risk of and legal responsibility for any injury to person or property which results from participation in the sport of skiing including any injury caused by the following, all whether above or below snow surface: variations in terrain; surface or subsurface snow or ice conditions; bare spots, rocks, trees, other forms of forest growth or debris, lift towers and components thereof; utility poles, and snowmaking and snowgrooming equipment which is plainly visible or plainly marked in accordance with the provisions of section 6-1103, Idaho Code. Therefore, each skier shall have the sole individual responsibility for knowing the range of his own ability to negotiate any slope or trail, and it shall be the duty of each skier to ski within the limits of the skier’s own ability, to maintain reasonable control of speed and course at all times while skiing, to heed all posted warnings, to ski only on a skiing area designated by the ski area operator and to refrain from acting in a manner which may cause or contribute to the injury of anyone. The responsibility for collisions by any skier while actually skiing, with any person, shall be solely that of the individual or individuals involved in such collision and not that of the ski area operator.

See Schweitzer Mt. Resort challenging negligence lawsuit.