Pikes Peak Region Trail Finder

OK to sue if you're hurt skiing?

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Created on Wednesday, 13 October 2010 14:55

Written by Dena Rosenberry

In 2007 two people skied over an unmarked boundary at Beaver Creek - within one week - and sustained injuries when they landed on the same access road.

Today they are suing Vail Resorts under Colorado's Ski Safety Act, alleging negligence.

There's an ESPN story questioning whether ski areas' liability laws are out of date.

Here's the full story.

Although 27 states have ski safety statutes; skiers and snowboarders typically sign liability waivers; and the back of a lift pass features fine print releasing resorts from responsibility for the sports' inherent risks, legal challenges continue, raising the question as another winter season looms: who's ultimately liable for accidents or injury?

With the rising popularity of terrain parks, the issue has become potentially even more muddled.

In the suit involving Beaver Creek, the plaintiffs are suing the resort for violating Colorado's Ski Safety Act.

Court documents allege that Beaver Creek violated the law -- stating that skiers and snowboarders assume the risk of injury resulting from the dangers inherent to the sports -- by failing to mark a boundary "in a fashion readily visible to skiers under conditions of ordinary visibility."

What do you think?   How far does a resort need to go to let users know what's IN bounds and what's OUT of bounds?  How DANGEROUS a run is?

This'll be my 3rd season riding. Seems to me the signs and warnings are pretty clear. And what part of a jump / rail / box / halfpipe does not seem inherently dangerous?