New lawsuit filed over fatality at NY Ski Area

Not sure if the NY Ski Area Statute applies by Assumption of the Risk based on the article.

A 53 year old man died skiing last year at Windham Mountain Ski Resort (Ski Windham Operating Corp.). The deceased supposedly left the trail and skied into a ditch and then an embankment. The plaintiff is arguing that it was a trail based on how the map looks and because it was a trail the resort was negligent for “hazardous design and negligent maintenance of the ski trail.”

I should sue the state because I drove into the farmer’s field were the road should have gone…..

The obvious defense the defendant will plead is assumption of the risk. Whether or not the New York Ski Safety Act applies is difficult to determine. However it appears to say the deceased assumed the risk. Another issue is whether he had a season pass and signed a release.

There is no violation of the statute that creates duties on the part of the ski area: § 18-103. Duties of ski area operators. The risk set forth in the act that a skier assumes do not directly cover but definitely surround the facts set forth in the article.

It is sad when someone dies participating in a sport they love. However it is sadder when a lawsuit starts over the death, one where the chances of winning seem slim.

See Staten Island forensic expert’s death in upstate skiing accident spurs lawsuit

What do you think? Leave a comment.

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