Can You Sue for a Ski Accident?

If you have been injured on the slopes, you may be wondering if filing a ski accident lawsuit is an option. It may very well be, but it depends on the circumstances of the accident in which you were injured.

Skiing is one of Colorado’s most beloved pastimes, but accidents can lead to serious injuries, financial struggles, and legal challenges. If the accident was caused by negligence, you may have cause to pursue compensation for your losses. Here, we will discuss ski accidents, your rights, liability, and what happens after you are injured.

If you have been injured and believe you have grounds for a ski accident lawsuit, call Burg Simpson today at 303-792-5595 to set up a FREE case evaluation. Our experienced ski accident attorneys represent clients in Denver and throughout Colorado.

Are Skiing Accidents Common?

Skiing is risky—we all know that. It takes athleticism, experience, and a little bit of gusto to point your tips down the mountain and go. It should not be too surprising that accidents on the slopes are not uncommon.

According to the National Ski Area Association (NSAA), there were 49 catastrophic injuries and 35 fatalities on U.S. slopes during the 2023/24 season. Catastrophic injuries, such as spinal cord injuries, traumatic brain injuries (TBIs), or the loss of a limb, can have life-altering consequences. The statistics can overwhelm us, especially when we remember that each number represents a real person.

Read More: What Is a Catastrophic Injury Claim?

These figures, however, only capture the most severe cases. Countless more injuries—from fractures to concussions—go unreported by ski resorts. Though these accidents are not as devastating as those that cause catastrophic or fatal injuries, they still disrupt the lives of those harmed.

The most frequent causes of ski accidents include:

• Collisions with other skiers and snowboarders or trees
• Falling due to icy or poorly maintained slopes
• Equipment failures, such as faulty bindings
• Chairlift malfunctions

While some incidents are purely accidental, others result from negligence—whether by other skiers or snowboarders, resort staff, or equipment manufacturers. Understanding the cause of the accident is the first step in determining if a ski accident lawsuit is an option.

Can You File a Ski Accident Lawsuit in Colorado?

Under Colorado law, you can file a ski accident lawsuit if negligence played a role in your injury. The Colorado Ski Safety Act outlines the responsibilities of both skiers and ski resorts and lays out the legal requirements for a lawsuit based on negligence.

Skiers and snowboarders must ride responsibly, stay within their ability levels, and avoid reckless behavior that could harm others. Resorts, on the other hand, are required to:

• Maintain safe and well-groomed runs
• Mark hazards clearly (e.g., rocks and drop-offs)
• Ensure chairlifts and other equipment are in proper working order
• Employ and train competent staff for safe operations

Negligence claims could be warranted in cases where these duties are not met, including:

• Collisions caused by reckless or inattentive skiers or snowboarders
• Runs that are not properly maintained or marked
• Chairlift malfunctions or safety hazards
• Resort staff failing to respond appropriately to prevent unsafe conditions

In some situations, defective ski or snowboard equipment could be grounds for a product liability claim against the manufacturer. These cases require clear and substantial evidence and a thorough understanding of Colorado laws.

We recommend contacting a Denver ski accident attorney if you have been injured. A qualified legal representative can assess your case, determine liability, and advise you on the best strategy for seeking justice and compensation.

Are Skiing Accidents Covered By Insurance?

Insurance coverage for ski accidents varies depending on the circumstances of the injury, liability, and the existing insurance policies. If you were injured due to another skier’s negligence, their homeowners or renters insurance might cover your damages. Similarly, if the accident occurred due to the resort’s negligence, the resort’s liability insurance may apply.

For those who purchase travel or season pass insurance, medical expenses or emergency medical evacuation costs may be covered. However, you must review the fine print because many policies exclude injuries from “inherently risky” activities like skiing and snowboarding.

If insurance coverage falls short, filing a ski accident lawsuit may be the best way to recover compensation for medical bills, lost wages, and other damages. The ski accident lawyers at Burg Simpson can help you explore your insurance options to make sure you receive the maximum benefits.

Who Is At Fault in a Ski Accident?

Determining fault in a ski or snowboard accident can be complicated, as it often depends on the specific circumstances of the incident. However, it is a necessary step when deciding whether you have a viable claim.

Parties commonly liable for ski accident injuries include:

• Other skiers or snowboarders who acted recklessly or failed to yield the right of way could be held responsible.
• Ski resorts may be liable if they fail to maintain safe slopes, improperly mark hazards, or inadequately train staff.
• Equipment manufacturers might be at fault if defective skis, bindings, or other gear caused the accident.

A thorough investigation, witness statements, and expert analysis will be valuable in determining fault for your accident and injuries. We do not recommend taking this on alone. An experienced ski accident attorney can handle the ins and outs of building a strong claim.

What Happens If You Get Injured While Skiing?

Sustaining a ski or snowboard accident injury can be very overwhelming. If you are hurt, it is important to prioritize your health. Once you are safe, it is time to take steps to protect your rights.

The aftermath of an injury on the slopes may look something like the following:

1. Seek Medical Attention: Address your injuries first and foremost. Be sure to retain all medical records and bills for evidence.
2. Report the Accident: Notify ski patrol and file an incident report with the resort.
3. Document What You Can: Photos, videos, and contact information from witnesses will be valuable if you are able to collect them.
4. Preserve Equipment: Keep the equipment involved in the accident. It could be worthwhile evidence.
5. Contact a Denver Ski Accident Attorney: Reach out to a skilled personal injury lawyer who can evaluate your case, determine if you have a claim, and guide you through filing a ski accident lawsuit.

Burg Simpson’s Ski Accident Lawyers Can Help

Ski accidents are rarely straightforward. Multiple parties may be involved, and proving negligence requires experience and an understanding of Colorado’s Ski Safety Act and related laws.

With more than 45 years of experience and over $2 billion recovered for our clients, Burg Simpson’s Denver team has the knowledge, resources, and tenacity to fight for your rights. We are Good Lawyers. Changing Lives.®, and we would be honored to take on your ski accident lawsuit so you can get justice and fair compensation.

If you or a loved one has been injured in a ski or snowboard accident, our attorneys will work hard to secure the compensation you deserve. Contact us today for a FREE consultation.