SKI & SNOWBOARDING ACCIDENT ATTORNEYS IN DURANGO, CO

Skiing and snowboarding make up the essence of Colorado’s appeal and the foundation of its tourism industry. More than 12 million skiers and snowboarders flock to the slopes of Colorado every year.

Although skiing and snowboarding are fun, they are also risky. Approximately 55 people end up in Colorado emergency rooms every day due to ski and snowboarding injuries. On its own, snowboarding generates the highest number of injuries of any outdoor sport.

If you’ve been injured while skiing or snowboarding due to someone else’s actions, they may be held responsible for the harm you’ve experienced. To do so, you must prove negligence, which can be a slippery slope.

At Downs, McDonough, Cowan & Foley, we represent Colorado ski and snowboarding injury victims in Durango, Telluride, Pagosa Springs, Cortez, and throughout the Four Corners. Our attorneys bring over 75 years of combined experience to every case. When you come to us, we build your case from the ground up to fit your goals.

Today, we're going to explore ski and snowboarding accidents, and how you can get compensation for your injuries.

Common Skiing & Snowboarding Accidents

Many accidents are caused by colliding with someone or something on the slopes, such as other people, barriers, boundary markers, lift structures, fences, signs, and trees. Injuries may also result from chair lifts, poor instruction by instructors, and equipment failure.

Colorado Ski Safety Laws

Colorado law protects ski area operators from liability claims based on the inherent dangers of skiing and snowboarding. The statute states that “…no skier may make any claim against or recover from any ski area operator for injury resulting from any of the inherent dangers and risks of skiing.”

This does not mean operators can never be liable for injuries or death. They certainly owe patrons a duty of care. However, filing a claim against an operator requires evidence of their negligence.

How Can Someone Else Be Liable?

There are three legal bases for victims to hold someone liable for injuries or death from a skiing or snowboarding accident. All of these require evidence that the injuries or death and the resultant medical, financial, or other damages were caused by someone else.

1. Negligence: This is the failure of the party who owes a duty to care to deliver on that duty of care. Claims could be based on an operator’s failure to clearly mark hazards or maintain slopes. A ski instructor (and therefore, their employer) would be negligent if they put you on a slope with a difficulty level higher than your ability.

2. Defective product: These claims are based on a product failure that caused your injuries. These products can include bindings, poles, helmets, skis, snowboards, chair lifts, and other equipment. Depending on the nature of the failure, you may be able to hold the designer, manufacturer, and/or distributor or retailer liable for your injuries.

3. Recklessness: This involves unreasonable behavior which is more than negligence; it is a grossly negligent act. For instance, imagine a skilled snowboarder speeding down an easy slope, like a green run, surrounded by less experienced skiers and snowboarders who struggle to avoid collisions.

How to File a Claim

Preserving evidence is key for personal injury or wrongful death claims. Take photos of important details at the collision site, like road conditions, signs, equipment, track marks, and injuries. Witness statements can also help support your case.

Access to insurance presents another challenge when filing a claim. While operators, product manufacturers, and other businesses are typically covered by liability policies, many individuals lack such coverage.

If you are injured by a negligent or reckless skier or snowboarder, they need liability insurance to file a claim against — for example, a homeowner’s or renter’s policy. If there is no insurance coverage, there is no claim, even if they were at fault for your injury.

Finally, claims are jurisdictional, based on where the accident occurred rather than where the injured party lives. If you were injured in an accident in Colorado, you need an attorney licensed in Colorado to represent you.

Trust Our Team of Skilled Attorneys

Unlike an auto accident, legal liability in skiing and snowboarding accidents is often difficult to prove. Due to the nature of these activities, Colorado law generally holds victims responsible for the risk of injury or death.

You need an experienced attorney with a proven track record in handling personal injury and wrongful death cases. A skilled attorney understands the complications of proving negligence, product defects, or reckless behavior. They can gather and document evidence, identify available insurance coverage, negotiate with insurers, and represent your case effectively in court.