Can you sue someone for a ski accident? Our Albany ski accident attorneys also shed light on key aspects like common causes of ski and snowboarding accidents, common ski injuries, and what to do if this happens on the slopes.
If you or a loved one has been injured in a ski accident, contact the Albany skiing accident attorneys at Bailey, Johnson & Peck. An experienced ski injury lawyer can help provide you with legal representation against the responsible party so that you can receive the compensation you deserve.
Call our Albany law firm at 518-456-0082 to schedule a free consultation with one of the ski accident attorneys on our team.
How Do Ski Accidents Happen?
Skiing and snowboarding accidents can be caused by various factors. Many incidents happen when skiers or snowboarders lose control, either by overestimating their abilities or failing to adapt to changing snow conditions, causing them to fall into the snow.
Ski accidents can also be caused by a collision, where skiers collide with their fellow skiers or with stationary objects on the slopes. Poor visibility due to fog or heavy snowfall can increase the risk of collisions. Ski equipment failures like malfunctioning bindings or broken skis can lead to unexpected accidents as well.
Common Ski Accident Injuries
Victims of ski accidents can suffer from a variety of ski injuries. Some of the most common ski injuries include:
- Contusions
- Soft tissue damage
- Whiplash
- Bone fractures
- Joint dislocations
- Spinal cord injury
- Traumatic brain injury
If you have suffered any of these types of ski injuries due to snowboarding or ski accidents, contact an Albany spinal cord injury lawyer or an Albany traumatic brain injury lawyer.
What To Do After a Ski Accident
The first thing you should do after a ski accident is to seek medical attention for yourself or other skiers with injuries.
Next, you should always report all ski accidents to the local ski patrol or ski resort. The ski patrol or resort should take photos of the scene, the surrounding area, and any injuries if possible.
Then, speak to the witnesses involved. Exchange contact and insurance company information in case you need help with future personal injury claims.
From there, contact an Albany personal injury attorney, especially if you believe another party was at fault. Our ski accident attorneys can help you understand your rights, as a skier or snowboarder and can help you pursue compensation for your ski injury or injuries.
When Can You Sue Someone For a Ski Accident?
You can sue someone for ski accidents when they are caused by negligence. For those injured in a skiing collision, who were not at fault, they can file personal injury claims against the person or persons responsible for the incident.
Several parties could be involved in a given accident, from other skiers to equipment manufacturers to ski resort owners and beyond. Additionally, not all who are injured while skiing can file claims against someone for the accident.
Here are some situations in which ski injury lawsuits may be merited:
Negligence
When skiers and snowboarders fail in their responsibility to act cautiously on the slopes, they can collide with other skiers or snowboarders and cause serious injuries.
For example, if a skier or snowboarder speeds down the slope and collides with a skier in front of them, the “uphill” skier or snowboarder (the skier or snowboarder that was further up on the slope) could be at fault. Since the uphill skier could have feasibly seen the person in front of them, they may have been able to avoid the collision but didn’t.
The ski resort may also be found negligent if they fail to properly maintain their slopes.
The skiing accident attorneys at Baily, Johnson, and Peck can investigate and determine whether a responsible party behaved negligently and caused the accident.
Recklessness
Recklessness implies a conscious choice to engage in risk. This includes behavior like skiing in closed or off-limits areas or skiing under the influence of alcohol or drugs.
Victims of ski accidents caused by recklessness may have stronger claims in lawsuits since recklessness can be easier to prove than negligence. Ski injuries caused by recklessness may also warrant higher compensation due to the egregious nature of the conduct.
Defective Ski Equipment
In some ski accidents, defective equipment may be to blame. This can include faulty bindings, malfunctioning ski lifts, or poorly maintained rental equipment. Here, the manufacturer or provider of the equipment can be held liable.
For these legal claims, the injured party must prove that the equipment was defective and that this defect directly caused their injuries.
Who is at Fault in a Ski Accident?
Determining fault in a ski accident depends on the actions of the individuals involved, the ski resort’s rules, and any applicable state or local laws. Generally, the fault lies with the skier who failed to follow safety guidelines, the resort for negligence in maintenance, or both parties in cases of shared responsibility.
What is the Assumption of Risk Defense?
What is assumption of risk in personal injury lawsuits?
“Assumption of risk” states that when someone knowingly participates in a dangerous activity, they assume the risks associated with the activity. This means that a skier may be personally responsible for any injuries they suffer from, as long as the injuries are foreseeable.
For example, skiers commonly suffer from torn ligaments as a result of a bad fall. If someone sues the ski resort over their torn ACL, the ski resort could use the assumption of risk defense to avoid liability. Since the injury was foreseeable, the resort wasn’t directly responsible for the accident.
However, the assumption of risk doesn’t work in every situation. For example, it’s uncommon for skiers to fall out of a lift due to a broken lap bar. Here, the skiers involved in the accident could sue the resort.
Regardless of the circumstances, lawsuits for ski accidents can be difficult to navigate due to assumed risk. So, it’s important that victims contact an experienced ski injury lawyer, like those at Bailey, Johnson & Peck. Our Albany ski accident attorneys will help ensure you receive the compensation you deserve.
Compensation for Skiing Accident Lawsuit in New York
Victims can recover a variety of damages in a ski accident lawsuit. Economic damages are tangible financial losses suffered as a result of an accident, such as medical bills. Non-economic damages are losses without tangible financial losses, like permanent disability as a result of a brain injury.
Ski injury victims can recover economic damages, such as:
- Medical bills
- Lost wages
- Rehabilitation costs
- Assistive medical equipment
- Funeral and burial expenses in the event of a wrongful death.
If your loved one has suffered wrongful death from a skiing accident, reach out to an Albany wrongful death attorney today.
Victims of skiing injuries may also be able to recover compensation for non-economic losses like:
- Physical pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Permanent disfigurement or disability
Albany Ski Accident Attorneys
If you have been injured in a ski accident as a result of someone else’s negligence, you deserve financial compensation for your losses. The skilled injury attorneys at Bailey, Johnson & Peck will investigate your claim and provide you with expert legal representation, ensuring that you see justice for your ski accident.
Call us at 518-456-0082 or contact us online to schedule your free initial case evaluation with a member of our dedicated legal team.
