What Is the Utah Safe Skier Act?

Speeding down a mountain slope in the open air is an undeniably exhilarating outdoor activity, but it also comes with inherent risks. Utah’s Safe Skier Act addresses those risks, but what does it do, and who does it protect?

According to Utah Code Section 78B-4-401, the act states the following:

“It is the purpose of this act to clarify the law in relation to skiing injuries and the risks inherent in the sport of skiing; to establish as a matter of law that certain risks are inherent in the sport of skiing; and to provide that, as a matter of public policy, an individual engaged in the sport of skiing may not recover from a ski operator for injuries resulting from the risks that are inherent in the sport of skiing.”

Contact a Salt Lake City skiing accident attorney today — call (385) 404-6398.

Understanding the Safe Skier Act In Utah

Utah’s Safe Skier Act protects ski resort owners and operators from liability for injury-related damages resulting from the inherent risks of skiing, such as during a fall while skiing on a snowy slope. But what if the skiing accident in Utah happened because another skier was behaving recklessly, such as attempting to overtake another skier, skiing with reckless speed, acting aggressively, or failing to yield the right of way, for instance, exiting a ski trail into the path of an alpine skier and causing a collision?

Under the Safe Skier Act, an injured skier in Utah may file a lawsuit against the at-fault skier for their negligent or reckless behavior because the resulting injury did not occur due to the inherent risk of skiing.

Most homeowners’ insurance policies include coverage for the policyholder’s personal liability.

Who Can Be Held Liable Under the Safe Skier Act In Utah?

While Utah’s Safe Skier Act protects ski resort owners from liability for skier injuries except under cases of egregious negligence, the act does not prevent injured skiers from holding other responsible parties liable for damages like medical expenses, lost income, and compensation for pain and suffering. Many injuries are caused by collisions with other skiers, ski lift accidents, and other negligence-related accidents. Common parties held liable for ski injury damages include the following:

• A skier who engaged in reckless or aggressive actions
• Negligent ski rental agencies for faulty or poorly maintained equipment
• The manufacturer of defective ski equipment
• The manufacturer of defective sky lift equipment
• Negligent property maintenance companies or slope and trail maintenance contractors

An experienced ski accident lawyer investigates all aspects of a skier’s accident to determine the cause of the injury and pinpoint all parties that caused or contributed to the accident to pursue financial accountability under Utah 78B-5-818. Comparative negligence law. This law states the following:

“A person seeking recovery may recover from any defendant or group of defendants whose fault, combined with the fault of persons immune from suit and nonparties to whom fault is allocated, exceeds the fault of the person seeking recovery …”

Proving a Negligent or Reckless Skier’s Liability After a Utah Ski Accident

Skiiers must follow safety rules and posted warning signs when using the trails or slopes. When a skier’s careless, reckless, aggressive, or substance-impaired behavior causes an accident with injuries to someone else, the injury victim has the right to file for compensation for their damages. A successful case requires evidence demonstrating the following legal standards of liability:

• The at-fault party owed a duty of reasonable care to the skier to avoid causing them injury
• They breached their duty of care through negligence
• The breach of duty directly caused the injury
• The injury victim suffered damages from the injury

Damages in skiing accident cases include economic damages such as medical bills and lost wages, as well as non-economic damages such as pain and suffering. A skilled Salt Lake City injury attorney seeks compensation from all available parties under the Utah Safe Skier Act.

Call (385) 404-6398 to schedule a free consultation today.