Who’s at Fault In a Utah Ski or Snowboard Collision?

Nothing ends an exhilarating day on the snowy slopes faster than a ski or snowboard collision with serious injuries. Ski and snowboard accidents can happen to beginners and experienced skiers alike. In some cases, both parties in a collision brush themselves off with little harm done, but what if a ski or snowboard accident causes you a serious injury? Who is at fault, and can a Salt Lake City skiing accident lawyer hold them liable for damages?

Under Utah Code 78B-4-402. Ski resorts are immune from liability for ski and snowboard injuries that result from the inherent risk of skiing; however, an injury victim can pursue compensation through a personal injury claim against a negligent skier or snowboarder.

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Who Is Responsible in a Utah Ski or Snowboard Accident?

Utah law does not prohibit claims against negligent skiers because this is not an inherent risk of skiing. Additionally, the waivers skiers and snowboarders sign when using slopes only protect the resort from liability and do not apply to negligent skiers. However, before an injured skier or snowboarder can move forward on a claim, it’s necessary to determine who was at fault for the collision.

Like other ski destination states, Utah skiers must follow the Skier Responsibility Code. Typically, the skier who was in violation of this code is at fault for a collision and liable for any damages caused to another skier or snowboarder.

What Is the Skier’s Responsibility Code?

The Skiers’ Responsibility Code was developed in 1962 by the National Ski Areas Association (NSAA). This code of rules is posted throughout ski resorts and is commonly available to skiers and snowboarders in Utah. Under this code, skiers must adhere to the following rules to promote safety on ski slopes and trails:

• Always remain in control and able to stop at any time, and avoid collisions with people or objects
• People ahead or downhill of you on trails and slopes have the right-of-way
• Stop only when you remain clearly visible from above
• Look uphill and avoid others before entering a ski trail or slope
• Skiers are responsible for preventing runaway equipment
• Skiers must obey all signs, warnings, and hazard notices
• Skiers must remain away from closed trails and restricted areas
• Skiers must know how to load and ride ski lifts safely and ask attendants for help when needed
• Never use skis or lifts while impaired
• Skiers involved in collisions or incidents must share their contact information with each other and an employee

The rule of right of way included in the Skier’s Responsibility Code is often the key to determining the liable party in a ski or snowboard collision claim in Utah. Violating the rule of right-of-way, which designates the right-of-way to the skiers who are ahead or downhill in a ski area, leaves the violator liable for damages — contact a personal injury attorney in SLC to pursue financial compensation.

Proving Fault and Liability for a Utah Ski or Snowboard Collision

It’s crucial to report the details of a collision or other accident or incident to resort employees so they can complete a detailed accident report. Gathering the contact information of the other skier and any eyewitnesses to the collision can help you prove liability. Proving liability for a ski or snowboard collision requires evidence showing the following:

• The at-fault party owed a duty of reasonable care to the injury victim
• They breached the duty of care through negligence (such as violating the Skier’s Responsibility Code)
• The breach of duty directly caused injury
• The injury victim suffered damages from the injury

A successful claim recovers compensation for an injured skier’s damages, such as medical expenses, lost wages, and compensation for pain and suffering. Typically, compensation comes from the at-fault party’s liability insurance, commonly included in their homeowner’s insurance.

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