Skiing has been a winter recreation for as long as someone decided to strap a couple of boards to their feet and head downhill. With the rising popularity in snowboarding during the past decade or so, injuries, and personal injury lawsuits, have been on the rise as well.
Snowboarding in and of itself is responsible for greater risk of injury than any other outdoor activity. The injury and harm involves more than bruises and broken bones you’d expect from a hard fall. Sadly, the harm includes traumatic brain and spinal injuries – especially in children and teens. Some of the most common accident causes are collisions with other skiers, fences or barriers; falls on hard packed snow or ice, chair lift incidents and equipment failure.
A few common examples of potential legal claims include:
• A collision with a person that is behaving reckless or careless
• A poorly maintained section of the slope, or one that is incorrectly marked for hazards
• An instructor that has taken you to a section of the resort that is beyond your skill level
It is important to note that by strapping on your gear and heading out into the snow you are assuming some degree of inherent risks in your activity. A defendant will often site an “assumption of risk” defense, arguing that compensation for injury isn’t required since you understood the dangers and risk by engaging in skiing or snowboarding in the first place.
Personal injury lawsuits may vary from state to state based upon local statutes, rules and regulation so it is important to seek legal advice immediately following an incident due to the complexity of skiing and snowboarding litigation.