What is the Ski Safety Act & Why Does it Matter to Skiers?
The Colorado Ski Safety Act establishes the responsibilities and rights of ski operators and skiers at the state’s numerous ski facilities. Learn more here.
If you love skiing in Colorado, you need to understand your legal rights and responsibilities on the slopes.
The Colorado Ski Safety Act spells out the duties of both skiers and ski area operators. This law can greatly affect what happens if you get into an accident while skiing.
If you find yourself in this situation, talk to a Colorado ski accident attorney who can identify your options.
What Is the Colorado Ski Safety Act?
Colorado enacted the Ski Safety Act in 1979 to outline the responsibilities of skiers and ski area operators. The Act encourages safety on the slopes and clarifies responsibility for accidents.
Under the Ski Safety Act, skiers assume certain inherent risks when they hit the slopes. These risks include terrain variations, weather conditions, collisions with other skiers, and impact with natural or man-made objects.
Essentially, the law recognizes that skiing involves some natural hazards that you can’t always avoid.
Ski Area Operators Have Limited Liability
The Ski Safety Act limits the liability of ski area operators for injuries that result from the inherent risks of skiing. This means that if a skier gets hurt because of one of these inherent dangers, they may have a tougher time suing the ski resort for damages.
However, ski area operators still have certain obligations under the law. They must mark ski area boundaries, place warning signs, and properly maintain ski lifts and other equipment. If an operator doesn’t meet these duties and a skier gets hurt as a result, the skier may have a stronger case for holding the operator liable.
Skiers Have Duties, Too
Skiers also have responsibilities under the Ski Safety Act. The law requires skiers to ski within their abilities, pay attention to all posted warnings and closures, and avoid reckless behavior that can put themselves or others in danger.
If a skier doesn’t follow these duties and gets into an accident, it can diminish their ability to recover damages. For instance, if a skier ignores a posted warning and gets hurt, the ski area operator might argue that the skier was partially or fully at fault for their own injuries.
Why the Ski Safety Act Matters to Skiers
Why should skiers care about the Ski Safety Act? Understanding the Act can help you stay safer on the slopes. By knowing what duties you have as a skier, you can prevent accidents and injuries.
However, after a Skiing accident, the law can significantly affect your legal rights and your ability to recover damages for your injuries.
For example, the Ski Safety Act has a two-year statute of limitations for filing claims against ski area operators. You can lose your right to sue altogether if you miss this deadline.
The Act also caps the damages an injured skier can recover at $1 million. While this might seem like a lot of money, it may not be enough to fully compensate a skier who suffers serious, life-changing injuries.
Who’s at Fault in Skier-to-Skier Collisions?
Another key aspect of the Ski Safety Act is how it handles skier-to-skier collisions. Generally, the law holds the uphill skier at fault in these accidents.
The thinking is that the uphill skier is better positioned to see and avoid the downhill skier. The uphill skier is also expected to yield the right of way to skiers below them.
Of course, this presumption can be overcome if there’s evidence that the downhill skier acted recklessly or violated the responsibilities outlined in the Act. But in many cases, the law will hold the uphill skier liable for a collision.
Steps to Take After a Skiing Injury in Colorado
After a skiing accident in Colorado, the first thing you should do is get medical attention. Make your health and safety your top priority.
Once you receive the medical care you need, speak with a Colorado personal injury lawyer. An experienced lawyer will understand your rights under the Ski Safety Act and advise you on your options for recovering damages.
Your lawyer can investigate the accident, gather evidence, and build a case to show that the ski area operator or another skier was at fault for your injuries. They can also negotiate with insurance companies on your behalf and fight for the compensation you deserve.
Why You Need a Colorado Personal Injury Lawyer
A skiing accident can lead to complicated and stressful legal dealings, especially while recovering from serious injuries. That’s why you need a skilled Colorado personal injury lawyer on your side.
A good lawyer will understand how the Ski Safety Act applies to your case. They’ll explain your rights in clear, easy-to-understand terms and help you make informed decisions about how to proceed.
Your lawyer will also be your advocate throughout the legal process. They’ll stand up for your interests and work to get you the best possible outcome in your case.
Seek Advice From a Colorado Personal Injury Lawyer
Every skier in the state should understand the Colorado Ski Safety Act. By defining the rights and responsibilities of skiers and ski area operators, the Act promotes safety on the slopes and provides a framework for resolving accidents and injuries.
If a skiing accident hurts you, you have rights under the Ski Safety Act. Don’t hesitate to seek the advice of a Colorado personal injury lawyer who can protect those rights and fight for the compensation you deserve.
While we all hope to avoid accidents when we hit the slopes, it’s always better to be prepared and informed. By understanding the Ski Safety Act and working with a skilled Colorado personal injury lawyer if needed, you can focus on what matters most – recovering from your injuries and getting back to the sport you love.
