What to Do If a Loved One Dies Due to a Negligent Skier or Snowboarder?

Skiing and snowboarding are popular recreational activities in Utah and other destination ski states. Unfortunately, the very thing that makes skiing and snowboarding exhilarating is speeding swiftly down slopes or along snowy trails, which can mean a serious injury in an accident. In the worst cases, a skier may suffer a fatal injury due to a collision with another skier or their runaway equipment. A SLC skiing accident attorney understands the intricacies and regulations in cases like these.

Under Utah Code 78B-4-402, an injured skier cannot file a lawsuit against a ski resort after an accident that results from an inherent risk of skiing; however, this does not prevent lawsuits in cases of resort negligence or injuries resulting from another skier’s reckless or negligent actions.

Contact us today at (385) 404-6398 or online.

What to Do Immediately After a Ski or Snowboard Accident Fatality

If you were with your injured loved one during the accident, it’s crucial to move out of the flow of ski traffic to avoid further injuries. Then use your phone to request help from ski patrol. After you and your loved one have received emergency assistance, it may be hard to think clearly and react with purpose while you’re suffering from severe emotional trauma; however, it’s helpful to take the following steps:

• Use your phone’s camera to take photos of the accident scene and the cause of the fatality if a negligent condition on the ski slope, trail, or lift equipment contributed to the accident
• Add the contact information of the negligent skier or snowboarder to your phone
• Add the contact information of any eyewitnesses to the accident
• Ask the ski resort owner or property owner to fill out a detailed accident or incident report

Later, it’s to your family’s advantage to request a copy of the medical examiner’s report showing the cause of death. Then, hire an experienced Salt Lake City wrongful death lawyer to represent your family in a ski accident wrongful death claim.

Who Is Liable for Wrongful Death Damages After a Loved One Dies Due to Skier or Snowboarder Negligence?

Most ski resorts protect themselves against liability by requiring skiers to sign waivers. This is in addition to the Utah code for protection against liability for inherent skiing risks. However, when a skier or snowboarder behaves carelessly or recklessly and causes a fatal injury to another skier, the responsible party can be held liable for damages, including wrongful death damages.

Proving liability for a ski or snowboarding wrongful death requires evidence of the at-fault party’s negligence. For example, the second rule of the Skier’s Responsibility Code by the National Ski Areas Association (NSAA) states the following:

“People ahead or downhill of you have the right-of-way. You must avoid them.”

A violation of this or any other aspect of the skier’s responsibility code leaves the negligent skier or snowboarder legally liable.

Under Utah Code 78B-3-106, the state’s wrongful death law, the decedent’s closest heirs may file a wrongful death claim against the liable party, or the representative of the decedent’s estate may file a wrongful death claim on behalf of the estate and its heirs.

A Utah Wrongful Death Attorney Can Help

It takes compelling evidence of negligence to prove that an injured skier did not die due to an accident related to an inherent risk of skiing but because of another skier’s negligence. Then the attorney calculates damages, such as funeral and burial costs, the lost lifetime earnings of a family provider, and compensation for the family’s grief and anguish. Compensation for these losses typically comes from the at-fault party’s insurance.

Contact our firm today at (385) 404-6398.