If you’ve been injured while skiing or snowboarding in Colorado, acting quickly is crucial for both your health and your legal rights. Consulting a Denver personal injury lawyer early can help ensure you understand your options and protect your case, especially if the accident involves resort negligence. Ski and snowboard injuries can range from minor bruises to serious fractures or head trauma, so it’s important to follow the right steps immediately after an accident.
Immediate Medical and On-Scene Steps
- Seek medical attention right away. Your health must come first. Even if your injury seems minor, certain conditions like concussions or internal injuries may not be obvious immediately.
- Notify the ski patrol. Report the incident as soon as it happens, and ask the patrol to file an official accident report. Request a copy for your records, as it could be important for insurance or legal purposes.
- Document the scene. Take photos and videos of the location, your injuries, damaged equipment, and any hazards or slope conditions that contributed to the accident.
- Gather witness information. Collect names and contact details of anyone who saw the accident. Their statements may be crucial if you later pursue a claim.
- Exchange information if others are involved. If another skier or snowboarder was part of the collision, swap contact and insurance information, but avoid discussing fault.
Protecting Your Legal Rights
- Don’t admit fault. Avoid making statements that could suggest you caused the accident, even in casual conversation.
- Keep thorough records. Document all medical treatments, hospital visits, and related expenses.
- Preserve equipment. Do not alter, sell, or dispose of your gear, as it could be important evidence in a claim.
- Consult a personal injury lawyer. A skilled attorney in Colorado, experienced with ski and snowboarding accidents, can guide you through insurance claims and help protect your rights.
Understanding the Colorado Ski Safety Act
The Colorado Ski Safety Act outlines responsibilities and liability for ski and snowboard accidents:
- Assumed risk: Skiers accept certain inherent risks of the sport, which may limit claims against resorts.
- Negligence not assumed: You can still pursue a claim if your injury results from factors beyond typical skiing risks, such as poorly maintained equipment or unsafe slopes.
- Mutual duties: Both skiers and resort operators must follow safety rules, and violations can form the basis for negligence claims.
When a Resort Can Be Held Liable
Under the Ski Safety Act, resort operators may be responsible for injuries caused by negligence. Examples include:
Faulty or poorly maintained equipment:
- Chairlift malfunctions, such as incidents where an operator fails to stop the lift properly. A 2022 Colorado case involved a teenager paralyzed when a lift malfunctioned.
- Defective rental gear, like bindings or skis that break due to poor maintenance.
- Negligent operation of vehicles, including snowcats, snowmobiles, or grooming machines.
Unsafe or poorly marked trails:
- Collisions with unmarked man-made objects, such as exposed pipes or snow-making equipment.
- Unmarked natural hazards, like hidden rocks or tree stumps on groomed trails.
- Improperly groomed or unsafe runs, including failure to close a trail that has become hazardous.
Staff or operational negligence:
- Inadequate warning signs for hazards or lift use.
- Improper instruction in ski schools or lessons leading to accidents.
- Negligent first aid or emergency response by ski patrol or staff.
If your injury was caused by a resort’s negligence, a Denver personal injury lawyer at Ogborn Mihm LLP can help you evaluate your options and seek compensation for medical bills, lost wages, and pain and suffering.