Who Could be Liable for a Ski Accident?
Skiing is among the most exhilarating outdoor sports, but it comes with some inherent dangers that can lead to severe injuries. As a Colorado visitor or resident, the last thing you want is to be injured by someone else while skiing. Being injured in a ski accident doesn’t just mean canceling the fun day you had planned, but it can mean facing significant life changes because of the injury you’ve suffered.
Simply being injured while skiing doesn’t automatically mean there are grounds for pursuing a legal claim. However, depending on how and why the accident occurred, it is possible that another party may be at fault, or liable, for the accident and compensate you for your injury and other related losses. At Mintz Law Firm, we can assess your case and help you determine the best course of action for recovering compensation.
Who Is Liable for Your Ski Accident in Colorado?
There are two main types of claims when a ski accident occurs in Colorado:
Claim Against Another Skier
According to the Colorado Ski Safety Act, skiers are required to:
- Ski within their limits (according to their ability)
- Maintain control of one’s speed and course
- Avoid skiing when impaired by alcohol or drugs
Furthermore, Colorado law puts the primary responsibility of a collision on the person skiing downhill to avoid collision with an object or person below them. If the accident and your injury were caused by a skier failing to abide by the Colorado Ski Safety Act, then you likely have grounds to pursue a negligence claim against them.
Claim Against the Ski Resort
Colorado law recognizes that skiing is an inherently dangerous sport, which is why the Colorado Ski Safety Act protects ski resorts and operations from liability most of the time. Ski resorts cannot be held liable for injuries sustained as a natural consequence of the sport. However, resorts are not completely immune from liability. The Ski Safety Act does not protect ski resorts or business operators from negligence. Negligence can be classified into two categories:
- Ordinary negligence: careless mistakes or lack of attention to essential details
- Gross negligence: intentional, reckless behavior
Even if a customer signs a liability waiver, Colorado law nullifies that waiver if the resort caused injury to the victim by violating their responsibility under the Ski Safety Act.
What Is the Statute of Limitations for Colorado Ski Accidents?
Under the Ski Safety Act, claims brought against a ski operator or its employees must be filed within two years after “the claim for relief arises and not thereafter.” The statute of limitations is the same for claims brought against another skier, two years, according to Colorado’s general personal injury law.
Failing to file your claim within the allotted time frame will likely mean that your case will be dismissed if you attempt to file your claim later. It’s best to act quickly to not only preserve your right to file a claim and compensation but also ensure that all the evidence of your claim is fresh in everyone’s mind.
Contact Our Experienced Ski Accident Lawyers at Mintz Law Firm
Ski accidents are not something to take lightly. They have the potential to cause severe and debilitating injuries that alter someone’s quality of life and burden them with hefty medical bills. The ski accident attorneys at Mintz Law Firm know that these accidents can cause a lot of emotional and mental turmoil, especially if it’s the result of another skier or ski resort’s negligence.
At Mintz Law Firm, we have the knowledge and experience you need to pursue a ski accident claim against whatever negligent party. Regardless of how complex your claim may be, our attorneys will aggressively pursue your right to full and fair compensation. Schedule a consultation today by calling (303) 462-2999 or filling out our contact form so we can get back to you with more information.