Does Homeowners Insurance Cover Ski Collisions In Utah?

When a collision occurs on the slopes or trails due to one skier’s careless or reckless actions, the other skier has the right to financial accountability through a lawsuit. But how does the liable party pay for the injury victim’s damages, considering that the average individual doesn’t have adequate available financial resources?

Fortunately, most homeowner insurance covers a policyholder’s liability for a ski collision under the policy’s personal liability coverage of the policy. According to Utah’s Insurance Department, a primary portion of homeowner’s insurance provides the following:

“Personal liability insurance to protect you against a claim or lawsuit that results from allegations that you may have caused bodily injury or property damage to another person.”

Contact a skiing and snowboarding accident attorney in Salt Lake City today to pursue financial compensation for injuries —  call (385) 404-6398.

Understanding Liability Under Utah’s Safe Skier Act

The Safe Skier Act in Utah under Code 78B-4-401 states the following:

“The sport of skiing is practiced by a large number of residents of Utah and attracts a large number of nonresidents, significantly contributing to the economy of this state; few insurance carriers are willing to provide liability insurance protection to ski area operators; and the premiums charged by insurance carriers have risen sharply in recent years due to confusion as to whether a skier assumes the risks inherent in the sport of skiing.”

Under this act, an injured skier cannot hold a ski resort or ski area owner liable for damages like medical expenses, lost wages, and compensation for pain and suffering unless the property owner or manager was egregiously negligent. However, a significant number of ski accident injuries directly result from another skier’s careless or reckless actions, leaving the negligent skier liable for the injury victim’s damages. In most cases, a claim against the responsible party’s homeowner’s insurance recovers compensation for the injury victim.

When Is a Skier Liable for Injury Damages After a Ski Collision In Utah?

The average skier commonly reaches speeds of 20 to 40 miles per hour when skiing down Utah’s iconic slopes. According to the National Ski Areas Association (NSAA), skiers must practice reasonable safety measures under the Skier Responsibility Code, by practicting the the following reasonable measures:

• Staying in control and remaining able to stop in time to avoid people, pets, and obstacles
• Yielding the right-of-way to people ahead or downhill from the skier’s position
• Stopping only in places where the skier is clearly visible and not restricting traffic
• Looking uphill and avoiding others when entering a downhill slope or a trail
• Preventing loose equipment from sliding away and presenting a danger to others
• Following all posted signs, safety warnings, and hazard markings
• Staying off closed trails and out of blocked off areas
• Loading and riding ski lifts correctly and safely

Skiers must follow all safety rules and guidelines posted by the ski resort or property owner, and take all reasonable measures to avoid collisions and other actions that could harm others.

Ski area employees can explain the skier’s responsibility code to guests who are unfamiliar with their responsibilities while sharing trails and slopes with others.

Failing to take these reasonable measures leaves a negligent skier liable for an injury victim’s damages, typically through a direct claim against the personal liability portion of their homeowners’ insurance policy.

An injury attorney in Salt Lake City can provide the assistance you need to pursue financial compensation.