Analysis: Skiing Dangers Include Terrain, Other Skiers and Now Lawyers

"Ski at your own risk" - of being sued! In Colorado and elsewhere, personal injury lawyers are responding to mishaps on the slopes by bringing the errant skiers to court, winning hundreds of thousands and even millions of dollars in some cases. Many of the larger cases are tragic, involving serious injury caused by careless skiers or even loss of life, but a recent case in the news also shows that anyone could be the target of a lawsuit, even if they're sitting in the lodge, waiting for their kids to take a last run down the slopes.

A story in the Denver Post illustrates this, as a case some consider extreme has brought the public's anger against the plaintiff, a 60 year old man from Pennsylvania, and his attorney. After a "collision" (described by the father as more of a low-speed tangle) with a 7 year old (at the time) boy from Vail, Colorado, the man suffered multiple injuries, and to boy's parents were soon receiving letters asking them to pay for the man's treatment, $35,000 or more in medical bills, with other costs added, over $75,000 sources say. The man claims a violent crash, while the parents say the accident was on a slow-moving "catwalk" between slopes, and the man stopped in front of the boy. The attorney, quoted in the article, said that the man's phone is ringing off the hook with angry calls from the public after his story appeared in the newspaper, and some are even calling his employer, Reader's Digest, asking that he be fired.

There has been a trend away from "ski at your own risk," and Peter Lattman of the Wall Street Journal's Law Blog noted that Utah has just joined Colorado and Vermont in pulling back ski area protection, finding the liability releases are in fact void. While the inherent dangers of skiing is still something that places an unusual burden on area operators, Lattman noted that the Utah court joined other states in saying that negligence is still the operators' responsibility, and insurance coverage made more affordable by the "inherent dangers" legislation should still be carried in a responsible manner as with other businesses.

Does this mean that skiers are going to need liability coverage specifically for their activity? What about the health insurance of the man from Pennsylvania? This is a time of change on the slopes, where lawyers may step in to help those who have unnecessary injury due to skiers' or ski areas' negligence, but opportunity has the potential for abuse. The increase in "extreme sports" might also raise the perception that skiers and snowboarders are prone to recklessness, making legal cases more dramatic. William Porter says in his Denver Post column that the Pennsylvania man's Denver attorney "figures about 50 such cases come through his office annually."

Skiers in Colorado or elsewhere, especially families, might consider taking steps before their next ski trip, including evaluating their risk, making sure all in the family understand and commit to skiing rules such as the responsibility of the uphill skier, and those who are vulnerable to injury (everyone, in the end) can take advantage of protective gear and helmets and avoid areas where they might be unable to flow with the skiing traffic.

"Utah Supremes Rule Ski-Resort Liability Waivers Are Void", Peter Lattman, http://blogs.wsj.com/law/2007/12/27/utah-supremes-rule-ski-resort-liability-waivers-are-void/

http://www.skisafety.com/collisioncases.php

http://www.skilaw.com/

"Mom says son hanging back from skiing after lawsuit", AP, http://www.denverpost.com/search/ci_7814696
"Lawyer says couple hit with complaints over lawsuit against boy", AP, http://www.denverpost.com/search/ci_7807000
"8 year old learns risks of skiing", William Porter (columnist), http://www.denverpost.com/search/ci_7796412