Eagle Point Resort Skiing and Snowboarding Injury Lawyer
Skiing and snowboarding are dangerous winter sports and often result in injuries. Even when you do your best to be safe on the slopes, you may still walk away with injures on your next ski trip. Utah’s laws limiting when you can sue ski resorts may seem complicated, but this article may help clear things up and help show you what options you have.
Not every injury received while skiing or snowboarding is serious, but some injuries may even be life threatening. It is important to know the options that you or your loved ones have if you have been injured in a skiing or snowboarding accident. Utah personal injury attorney Darwin Overson explains:
When Does Utah Allow You to Sue Ski Resorts?
With the high number of mountains and ski resorts in Utah, and the built-in dangers of skiing, Utah has limited when and why individuals may sue ski resorts for injuries. Many activities are fun because of the speed or rush that they cause, but that speed and danger go hand in hand. It is expected that, with many skiers and snowboarders going down the mountain every day, a ski resort will see a lot of injuries. If each and every one of those injured people sued ski the ski resort for their injuries, it would be too expensive for ski resorts to even stay open.
The State of Utah recognized this, and created laws that stop people from suing ski resorts if their injuries were obtained due to the “inherent risks of skiing.” These are the built-in dangers that every skier and snowboarder faces on the mountain. The Utah Code lists these inherent risks in § 78B-4-402(1) as risks involving:
- Changes in weather
- Snow or ice, even machine-made snow, and changes in snow conditions
- Surface conditions, including bare spots, trees, rocks, etc.
- Slope features such as steepness
- Manmade features, such as halfpipes, jumps, etc.
- Crashing into ski lift towers, signs, poles, fences, etc.
- Crashing into other skiers
- Participation in special events, or the training for special events
- The failure of skiers to ski within their own ability level
The statute specifically lists these risks, but does not limit the list there. That means that a court could find that some other injury was related to the inherent risks of skiing, even if that risk was not on this list.
Other than these inherent risks, injuries caused by anything else within the ski resort’s control could be the root of potential lawsuits against the resort. Many injuries may be caused by the negligence of the owners or operators of the property. This concept of negligence can be the source for many personal injury lawsuits at ski resorts. Negligence could include the mis-operation of ski lifts, failure to properly train ski lift operators, failure to give aid to someone injured on the premises, etc.
In order to prove negligence in any type of case, there are four basic elements:
- The defendant owed a duty to the plaintiff
- The defendant breached (violated) that duty
- That breach of duty caused the plaintiff harm
- Damages – there must be actual harm that can be redressed
If these four elements can be met and proved in court, then a personal injury suit for negligence can be proved.
What Kinds of Injuries Can You Get Skiing or Snowboarding?
Skiing and snowboarding, while it may be fun, can be quite dangerous. In order to keep yourself safe on the slopes, always be careful of yourself, your surroundings, and what other skiers and snowboarders are doing. Additionally, always make sure to wear the proper safety gear, such as a helmet and goggles, and to make sure that your skis or snowboard, and their locking mechanisms, are in proper working order.
Skiing and snowboarding injuries can vary greatly in type and degree. These are some examples of possible injuries from skiing or snowboarding:
- Frost bite
- Cuts, scrapes, and bruises
- Sprains and strains
- Broken bones
- Dislocated joints
- Herniated discs
- Torn ligaments (UCL, ACL, PCL, MCL)
- Neck and back injury
- Head and brain injury
- Wrongful death
Using proper safety and awareness will hopefully keep you safe on the mountain, but skiing and snowboarding can still lead to serious injury or death.
Our Utah Personal Injury Lawyers Can Help
If you or a loved one has been injured in a skiing or snowboarding accident at Eagle Point Resort, or any other resort in the State of Utah, you might be entitled to financial compensation. While Utah may have strict law regarding when ski resorts can be sued, there are still plenty of ways that someone injured on the ski slopes can get financial compensation for their injuries.
Remember that a personal injury lawyer can help you get reimbursed not only for medical expenses, but also for lost wages and pain and suffering. If you have missed work or can no longer work due to injuries received in a skiing or snowboarding accident, you might have options to recover financially.
If you are looking for an attorney for skiing or snowboarding injuries at Eagle Point Resort, or any of Utah’s ski resorts, call Darwin Overson. Darwin is an experienced personal injury lawyer in the Salt Lake City area, who works personal injury cases for those injured on the slopes. Call (801) 895-3143 for a consultation.