Are Ski Laws Different Across the United States?

When you are enjoying your favorite activity, the last thing on your mind is a potential injury. Still, some activities are more dangerous than others. If skiing is on your list of favorites, it’s wise to understand both the dangers and the legal environment of the sport.

As far as dangers go, there is a lot to be wary of when you are on the slopes. Estimates suggest that about 600,000 people are injured while skiing or snowboarding each year.

If you want to participate in the sport safely, it helps to understand the industry’s standards. Start by asking pertinent questions like, “Are the ski laws different across the United States?”

In this guide, we’ve outlined all of the important details you need to continue skiing safely throughout the country.

If you’ve been injured in a skiing accident, reach out to the team at Morgan & Morgan. We’ll help you to understand your rights. Simply fill out our online contact form to schedule a free, no-obligation consultation with one of our experienced legal professionals.

Ski Laws Do Vary From State to State

Ski injury lawsuits and claims are handled differently in every state. For example, in states with booming ski industries, like Utah, Colorado, and New York, the law protects resorts from injury lawsuits. 

In these states, skiers take on an assumed level of risk that prevents them from suing for an injury unless the resort was obviously negligent.

So if you are planning to ski somewhere new this year, do a little research before hitting the slopes. That way, you understand the unique ski laws of the area and can ski safely. 

All Skiers Have Responsibilities, No Matter Where They Ski

Before you ski, it’s also a good idea to review the Responsibility Code offered by the National Ski Area Association. Failure to practice safe habits can affect a potential lawsuit for injuries that you cause.

According to the code, you should always follow these seven safety habits:

1. Maintain your control so that you can stop to avoid other skiers and objects on the mountain
2. Give people ahead of you the right of way
3. Do not stop anywhere that blocks a trail or makes you less visible to others
4. Make sure to look uphill and yield to others when attempting to merge onto a new run
5. Use devices that prevent runaway equipment
6. Pay attention to and follow all signs and warnings that are posted along a trail – if a trail is closed, stay off of it
7. Before you use a lift, become familiar with how to safely load and unload yourself from the lift

If you follow these guidelines, you’ll stay safer on the mountain. Plus, you’ll protect yourself from liability in the event of an accident or injury.

A List of the Most Common Types of Skiing Injuries

Skiing is a high-action sport, which comes with inherent risks. Even if you follow the safety guidelines we mentioned above, you could become injured while on the mountain. 

Below, we’ve outlined the four most common injuries for skiers:

Knee Injuries

If it has been a while since you hit the slopes, you may want to work on your leg strength before getting back out there. That’s because knee injuries are extremely common for participants of this sport. In fact, your ACL and MCL are especially vulnerable while you are skiing.

To further protect your knees, stay alert while skiing. Keeping your legs too tense or spreading your legs too wide could result in a painful injury. And if your knees feel like they need a break, listen to your body and give yourself a rest. 

Back Injuries

Back injuries while skiing can present in two different ways: bone injuries or muscle injuries. Both categories can leave a person with crippling pain. 

Before you get back on the mountain, try bringing some back strengthening exercises into your exercise routine. That way, you’ll be better prepared for the strain of skiing when the time comes to hit the slopes.

Skier’s Thumb

Skier’s thumb is one of the most common injuries skiers face. In fact, it happens in about 10% of the accidents that occur when skiing.

Skier’s thumb happens when a skier falls with the pole in his or her hand. If the pole catches on the ground, it can cause the skier’s thumb to bend unnaturally. This can result in either a sprained or ruptured tendon, which can be very painful.

To avoid skier’s thumb, refrain from putting your gloved hands into the poles’ loops. That way, you can simply drop the pole should you begin to fall. Alternatively, you can invest in special skiing gloves that protect the thumb. 

Wrist Fractures

Reflexes have us throwing our hands out every time we fall. On the mountain, this instinct can lead to wrist fractures and other injuries. The best way to avoid this injury is by wearing a wrist brace, especially if you are new to the sport.

Of course, not all ski injuries are avoidable. Even if you heed the tips we’ve mentioned thus far, you could fall victim to an unexpected accident. 

If you believe that you deserve compensation for an injury, call Morgan & Morgan. We’ll start by answering the question, “Are the ski laws different across the United States?” and move forward from there. 

How Ski Laws Affect Your Personal Injury Case

As we mentioned earlier, a person is only eligible for a lawsuit or settlement if the injury was caused by a factor outside of the inherent risk of skiing. However, a ski resort may be liable if they:

• Fail to close a lift during dangerous conditions
• Fail to warn skiers of trail difficulty
• Fail to clearly mark the boundaries of a trail
• Fail to properly maintain the ski areas

If you believe that a ski area is liable for your injury, it may help to consult with an attorney. That way, you can get familiar with the ski laws that apply in the area and how they affect your case.

At Morgan & Morgan, we’ll help you get answers to questions like, “Are the ski laws different across the United States?” and “Which laws apply to my case?”

What Kind of Compensation Can You Expect for a Ski Injury?

If you discover that you are eligible to pursue a personal injury case, you may wonder how much compensation you deserve. Of course, the answer to that question will depend on the nature of your accident. 

You may be eligible to receive compensation if you:

• Collide with another skier or snowboarder on the mountain due to their reckless behavior
• Get injured because of malfunctioning equipment
• Collide with an object, like a sign, rock, or tree, that should have been removed from a high-traffic area
• Are injured due to inadequate instructions from an instructor or ski-lift operator

In cases in which an injury occurs because of negligence or product defects, the final settlement amount depends on several factors. We’ve broken down the key components below.

The Severity of the Injury

Your settlement will depend on the severity of your injuries and the number of medical bills you have faced. It will also take into account any future medical costs you may incur. If the injury is long-term or permanent, you can expect a bigger payout. 

Whether You Share in the Fault

Remember the Responsibility Code mentioned earlier? This is where those guidelines become very important. If it looks as though you were skiing recklessly or negligently, that could affect your ability to negotiate a settlement. 

Some states have a no-fault or shared fault policy for personal injuries. So if your accident involved another skier, those details will be important. 

Where the Accident Occurred

We’ve already answered the question, “Are the ski laws different across the United States?” But that’s just the tip of the iceberg. 

Some states treat personal injury lawsuits more favorably than others. All of this will impact the amount of your potential settlement. 

Your Employment Status

Has the accident caused you to take time away from work? Or worse yet, have you had to quit as a result of your injuries? If the injury affects your ability to earn a paycheck, that should increase the amount of money you can expect from a settlement. 

The Limits of Your Insurance Policy

If your insurance policy covers all of the damages you received, it can be difficult to then pursue a lawsuit for more money. In that case, you may need to prove additional damages, like pain and suffering. 

The Evidence

Anytime you are injured or involved in an accident, we recommend that you take pictures of the scene and any damages. That’s because a settlement suffers if there is no evidence of the event. 

You should also file a police report if possible. Finally, get the contact information of any witnesses who saw your accident as it happened.