Powder Mountain Resort Skiing and Snowboarding Injury Lawyer
Powder Mountain Resort in Eden, Utah is a popular destination for local residents and out-of-state visitors alike. But while skiing and snowboarding enjoy huge popularity in Utah during the winter season, both activities can be extremely dangerous, even for people who are highly experienced. The danger increases substantially if an employee of Powder Mountain Resort, such as an instructor or lift operator, makes errors or fails to exercise due care while performing his or her job duties.
If you, your spouse, your child, or one of your parents was seriously injured while skiing or snowboarding at Powder Mountain Resort, Utah snowboarding accident lawyer Darwin Overson may be able to help your family recover financial compensation. When you are represented by Darwin Overson, you can expect an aggressive legal strategy that’s driven by a commitment to justice and fueled by more than 33 years of experience. To set up a free legal consultation with Darwin Overson, call the law offices of Overson Law at (801) 895-3143 right away. Your information will be kept confidential.
Utah Ski Resort Liability for Snowboarding and Skiing Accidents
Ski resort liability is a complicated and nuanced area of the law. The Utah Code contains several statutes that specifically deal with the issue of injured resort guests attempting to recover compensation for injuries sustained while skiing or snowboarding.
Put simply, the Legislature has determined that skiing and snowboarding injury compensation depends largely on the nature of the hazard that led to the injury. If the injury was caused by one of the “inherent risks of skiing,” the victim is generally barred from filing a claim and recovering compensation. However, if the injury was caused by the negligence of an employee at the resort, the victim may be able to get compensated.
This brings up two important questions for accident victims and their loved ones: what are the inherent risks of skiing, and what is negligence?
To answer the first question, the inherent risks of skiing – a term which also extends to snowboarding – are hazards which the Utah Legislature has decided are built-in dangers that come with the sports. Except as otherwise provided by law, ski resorts cannot be held liable for guest injuries arising from these hazards. In accordance with Utah Code § 78B-4-403, generally “no skier [or snowboarder] may make any claim against, or recover from, any ski area operator for injury resulting from any of the inherent risks of skiing.”
The inherent risks of skiing, which are listed under Utah Code § 78B-4-402(1), include but are not limited to:
- Changes and variations in the terrain.
- Collisions with other skiers and snowboarders.
- Conditions with ski lift towers and other fixed structures.
- Conditions of the snow, ice, surface, subsurface (beneath the snow), and weather.
Compensation may be available for injuries caused by negligence. Negligence can be succinctly summarized as carelessness, but has four distinct components:
- Duty of care (owed to plaintiff or claimant by defendant, in this case the skier/snowboarder and ski resort, respectively).
- Breach (violation) of the duty of care.
- Causation, meaning the defendant’s actions caused the accident.
- Damages, meaning the accident resulted in harm.
For example, negligence might arise from failure to maintain ski lift equipment or personal safety gear, leading to a defect or malfunction which causes death or injury.
While representation by an experienced attorney is always important when pursuing compensation for an accidental injury, legal representation is especially critical for injured skiers and snowboarders due to Utah’s complex and restrictive laws governing snowboard and ski accident liability.
Compensation for Common Skier and Snowboarder Injuries
Like any sport, skiing and snowboarding have the potential to cause serious injury or even death. This risk is greatly amplified by ski resort negligence, which increases the likelihood that an otherwise preventable or avoidable accident will occur and cause harm. Not even the most experienced skiers and snowboarders are impervious to injury caused by negligence, and in fact, a report on the 2011-2012 season by the National Ski Areas Association (NSAA) even indicates that above-average skiers and snowboarders are more susceptible to fatal injury than novices. If a Powder Mountain injury occurs due to negligence, it may be possible for the victim to get compensated for the resulting expenses and hardships.
Skiing accidents and snowboarding accidents can produce a wide range of serious injuries. One peer-reviewed study published in 2009, which analyzed skiers and snowboarders who were hurt on Utah’s mountain slopes, noted that lower extremity injuries (injuries to the feet, knees, ankles, or legs) were more common skiers, while snowboarders were more likely to suffer kidney, liver, or spleen damage. Both groups were at fairly high risk of sustaining a spinal cord injury (SCI) or traumatic brain injury (TBI).
Other injuries that can be caused by snowboarding or skiing, and for which Darwin Overson may be able to help you get compensated, include:
- Bone Fractures
- Broken Collarbone
- Broken Fingers
- Broken Hip
- Broken Nose
- Broken Ribs
- Broken Toes
- Broken Wrist
- Joint Injuries
- Ankle Injuries
- Hip Injuries
- Knee Injuries
- Shoulder Injuries
- Wrist Injuries
- Soft Tissue Injuries
- Rotator Cuff Injuries
- Sprains (Torn Ligaments)
- Strains (Torn/Pulled Muscles)
- Whiplash Neck Injuries
- Other Injuries and Complications
- Cognitive Impairment
- Cuts and Lacerations
- Memory Loss
- Nerve Damage
- Scarring and Disfigurement
- Wrongful Death
Powder Mountain Skiing and Snowboarding Injury Attorney Handling Claims in Eden
If you or one of your family members was injured at Powder Mountain in Eden, Utah due to a snowboarding or skiing accident caused by negligence, you should discuss your legal options with a Powder Mountain accident lawyer as soon as possible. Depending on the circumstances surrounding your accident, you may be able to get compensated for your medical bills, pain and suffering, lost earnings, and other losses. To discuss your claim confidentially in a free legal consultation, call the law offices of Overson Law at (801) 895-3143.