Utah Ski Law
Aspects of ski accident claims specific to Utah
Utah Ski Collision Law
If you have been injured by another skier or snowboarder, you may be able to recover monetary compensation for your injuries.
What constitutes reasonable care when skiing is well-defined by industry standards. “Your Responsibility Code,” created and adopted by the National Ski Areas Association, is routinely published all around the mountain, from trail information boards on the mountain, to the napkins in the on-mountain restaurants. “Your Responsibility Code” includes well-understood rules of ski etiquette and safety. The uphill skier has to yield to skiers below, and merging skiers have to yield to skiers already in progress.
All cases are fact-specific. To see whether or not you might have a claim for your ski lift accident, call or email now for a free consultation. We are always happy to answer your questions even if you aren’t sure yet if you want to hire a lawyer.
Utah CHARLIFT accident Law
If you have been injured while loading, unloading or riding a chairlift or rope tow, you may be able to recover monetary compensation for your injuries.
Utah has adopted the ANSI B77.1 2014 and 2017 as the governing standards for ski lifts. These regulations are extensive and set requirements for nearly every element of a ski lift, from sheave assemblies to the obligations of a lift attendant. For example, a ski area is responsible for maintaining orderly passenger traffic in the unloading and loading areas and for stopping the lift should a condition develop that might endanger a passenger (such as another skier mis-loading or unloading in front of your chair).
Every case is different and fact-specific. To see whether or not you might have a claim for your ski lift accident, call or email now for a free consultation. We are always happy to answer your questions even if you aren’t sure yet if you want to hire a lawyer.
Other Accidents at Utah Ski Areas
If you were injured while skiing at a ski area, you may be able to recover monetary compensation from the ski area for your injuries.
However, a risk is only “inherent” if it is “an integral part of the sport of skiing.” Clover v. Snowbird Ski Resort, 808 P.2d 1037, 1044 (Utah 1991). This means that even if a risk is typically considered “inherent” to the sport of skiing, if the risk can be eliminated by the ski area with reasonable care, then the risk is not considered an “inherent risk” and the skier or snowboarder may have a claim. As an example, even though “snow conditions” are usually considered an inherent risk of skiing, a skier may be able to bring a claim if they are injured by an unusual or excessive buildup of man-made snow on an open ski trail if the existence of that man-made snow buildup is not “integral to the sport.”
It is a common belief that every skier signs a waiver, or gets a waiver of claims printed on the back of a lift ticket, which bars any claim against a ski area. In Utah, these pre-injury releases of liability in the ski context are void as against public policy. Rothstein v. Snowbird Corp., 2007 UT 96, 175 P.3d 560. However, there is a case currently pending before the Utah Supreme Court which may alter or modify the Rothstein decision on waivers and/or the Clover decision regarding inherent risks. Rutherford ex rel. Rutherford v. Talisker Canyons Fin. Co., LLC, 2014 UT App 190, 333 P.3d 1266
Every case is different and highly fact-specific in this developing area of the law. To see whether or not you might have a claim for your injuries, call 303-861-1042 or contact us now for a free consultation. We are always happy to answer your questions even if you aren’t sure yet if you want to hire a lawyer.