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Young sportsman rubbing his hit knee after crash in snow during ski training

Interest in skiing and snowboarding has risen over the years, becoming popular winter sports here in Virginia. However, they come with inherent risks. With accelerated interest in the exhilarating and potentially dangerous activity, there has been an increased number of personal injury cases stemming from skiing and snowboarding accidents.

The injuries that can result from snow sports can range from knee injuries, leg fractures, and wrist sprains to more traumatic injuries such as paralysis, traumatic brain injury, or even death.

While many injuries occur due to the natural dangers of the sport, some accidents result from negligence, leading to personal injury claims. When a skier or snowboarder is injured due to another party’s recklessness, unsafe conditions, or defective equipment, they may be entitled to compensation.

If you have suffered an injury, call Shapiro, Washburn & Sharp to speak with one of our Norfolk personal injury lawyers to find out what legal recourse you may have.

Common Causes of Incidents

One of the most common causes of ski and snowboard injury claims involves collisions with other skiers or snowboarders. While accidents happen, some collisions are caused by reckless behavior, such as excessive speed, failure to yield, or skiing out of control. In most ski resorts, there are rules that all skiers and snowboarders must follow, including staying in control and yielding to those downhill. If someone violates these rules and causes injury, they may be held liable for negligence.

Another major factor in personal injury claims is poorly maintained ski resort facilities. Resorts have a duty to ensure that trails, chairlifts, and equipment rentals are properly maintained. If a ski lift malfunctions due to poor maintenance or a marked trail has hidden hazards such as unmarked obstacles, the resort may be held responsible for injuries. Slippery walkways around the lodge, rental shops, and lift areas can also cause preventable falls, leading to premises liability claims.

Defective equipment can also lead to serious injuries. Ski bindings, helmets, snowboards, and boots must function correctly to provide safety. If a defect in manufacturing or design contributes to an accident, the equipment manufacturer could be liable under product liability laws. Similarly, if a ski rental shop provides faulty or ill-fitting equipment contributing to an injury, they may also share responsibility.

Legal Issues

One complicating factor in ski and snowboard injury claims is the legal doctrine of assumption of risk. Most resorts require participants to sign waivers acknowledging the risks of skiing and snowboarding. While this can make claims more challenging, waivers do not necessarily absolve resorts or other parties from liability if gross negligence or recklessness is involved.

Injured skiers and snowboarders should document the accident, take photos of the scene, collect witness statements, and seek medical attention. Consulting a personal injury attorney familiar with ski and snowboard accident cases is crucial in determining whether a claim can be pursued and securing fair compensation.

Proving Liability

The foundation of a ski accident injury claim is establishing a breach of duty, namely, the duty to act reasonably towards one another as fellow snowboarders and skiers. Other duties include the duty to maintain the terrain and have it properly marked/designed and the duty of a skiing or snowboarding instructor to assess your skill level properly and not put you on terrain that is beyond your level of ability. The relevant duty of care depends on the accident and who was potentially at fault.

Another avenue for establishing liability could potentially be a defect in the skiing/ snowboarding or lift equipment, in which you have a legal right to make a claim against the manufacturer who negligently put a product in the stream of commerce for consumption without it being reasonably safe to use for its intended, or foreseeable, purposes.

However, we have to be prepared for the common argument raised by defendants in these types of cases – the assumption of risk defense. This defense asserts that you, the plaintiff, assumed the risk of bodily injury by participating in a potentially dangerous activity. However, there are limits to this rationale, and there are conditions that are beyond what a person “signed up for”, so to speak, which can overcome this defense.

What is crucial to know is that if you have been injured while skiing or snowboarding, it is very possible that this was due to the negligence of a third party. Whether there are conditions of the mountain that are overly dangerous or negligently maintained, or whether there was a simple “accident” with another skier/snowboarder, there is potential for liability to be correctly established.

It is monumentally important that the at-fault party responsible for your injuries be required to make you whole through financial compensation. The compensation available through a personal injury claim includes a recovery for any lost wages and compensation for the emotional and physical trauma you endured as a result of the accident.

Let Shapiro, Washburn & Sharp Fight for You

If you have suffered injuries in a ski or snowmobile accident caused by another party, contact a Norfolk personal injury attorney to find out what legal options you may have.

At Shapiro, Washburn & Sharp, we are dedicated to helping injured clients obtain the compensation they deserve for their medical bills, lost income, and other losses their injuries have caused, like the $50,000 personal injury insurance settlement we obtained for one client who suffered chronic shoulder and neck pain when another driver pulled out in front of his vehicle. Call our office today to schedule a free and confidential case evaluation.

 

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