Determining fault in ski-related premises liability cases

Despite the fact that spring is quickly approaching, many outdoor recreation enthusiasts in the state of New York are still enjoying activities like skiing and snowboarding. In fact, the slopes are populated by those intent on making the most of the short ski season that remains. That also means, though, that people are subjecting themselves to increasingly unstable ski conditions and other issues like overpopulated slopes. In the unfortunate event that someone is involved in a ski accident, it’s important for them to understand their legal rights and options for pursuing a personal injury case.

When skiers collideWhile each ski collision case must be reviewed for its unique factors and conditions, there are general guidelines that apply to most situations. For example, it is conventionally believed that the downhill skier has the right-of-way on the slopes. Similarly, the uphill skier is typically liable for an accident, since he or she may have the best opportunity to avoid a crash. Because it can be difficult to determine liability in such cases, it’s always recommended that individuals seek sound legal counsel to determine if anyone is at fault in a one-on-one ski accident.

Unsafe ski conditions
Of course, part of the appeal of skiing and snowboarding is engaging in the natural environment. And because Mother Nature is unpredictable, there is always the chance that skiers will be subject to unsafe weather conditions. That is not to say, however, that ski facilities and resorts are incapable of maintaining a safe environment in most cases. Ski-related premises liability incidents can be increasingly difficult to prove since property owners may attempt to deny responsibility for injuries to customers. As a result, anyone that believes they sustained a ski injury as a result of poor property maintenance or negligence should consult an experienced attorney immediately.

Source: digitaljournal.com, “Skiing accidents a common part of winter in Utah,” March 14, 2014