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Winter in Aspen is breathtaking—fresh powder, mountain air, and world-class slopes. But even in a place built for adventure, serious accidents can happen. Many visitors ask the same question after a collision or equipment failure on the mountain: Can you sue a ski resort?
It depends on the circumstances. Colorado law recognizes that skiing and snowboarding come with inherent risks, but not all accidents are unavoidable. When a ski area operator or employee acts negligently—such as failing to maintain equipment or ignoring safety standards—you may have grounds for a personal injury claim.
At Dormer Harpring, we help injured skiers and snowboarders in Aspen and across Colorado navigate these complex cases. Here, we break down how Colorado law treats ski injuries, what makes these claims unique, and how to seek fair compensation if someone else’s negligence led to your accident.
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Colorado’s Ski Safety Act (C.R.S. §33-44) outlines responsibilities for both skiers and ski area operators. It was designed to balance personal responsibility with safety enforcement—protecting resorts from some claims while still holding them accountable when they fail to follow the law.
According to the Colorado Revised Statutes, “A violation of any requirement of this article shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of the person violating such requirement.”
In simpler terms, when a ski area operator or employee fails to meet a duty imposed by the Act—such as maintaining lifts, posting warning signs, or following tramway safety regulations—the law recognizes that failure as negligence if it causes harm.
The statute also makes clear that negligence includes violations of any rule issued by the Passenger Tramway Safety Board, which governs lift and machinery safety statewide. These rules are intended to prevent mechanical failures and unsafe operations that can endanger guests.
Understanding whether a ski accident stems from an “inherent risk” or from a resort’s negligent conduct is one of the first steps in determining whether a lawsuit is possible.
Even highly skilled athletes can get hurt on the slopes. Aspen’s ski areas blend steep terrain, changing conditions, and heavy visitor traffic—all of which can amplify the risks of a serious crash. Yet, many ski and snowboard accidents don’t just “happen.” They stem from preventable errors, defective equipment, or unsafe resort operations.
Below are some of the most common causes we see when investigating ski and snowboard injury cases in Colorado.
When bindings malfunction, poles snap, or helmets fail on impact, injuries can be catastrophic. Equipment-related incidents often involve manufacturers or rental companies that failed to inspect or replace faulty gear. In those cases, multiple parties may share liability.
Chairlifts, gondolas, and conveyors must meet strict safety standards. Failure to properly operate or maintain these systems can result in falls or entrapments. Under the Ski Safety Act, such failures can constitute negligence if they violate state-mandated safety rules.
Ski areas attract a mix of seasoned locals and first-time visitors. When resorts allow beginners onto advanced terrain without adequate signage or instruction, that decision can lead to serious injury. While each skier has personal responsibility, a resort must still enforce reasonable safety protocols to protect guests.
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Ski and snowboard accidents often cause much more than temporary pain. The combination of speed, terrain, and equipment can result in significant physical trauma that affects nearly every part of the body. Below are some of the most common injuries we see in Colorado ski and snowboard cases—and how they can impact a person’s recovery and livelihood.
Head impacts are among the most serious outcomes of ski and snowboard crashes. Even with a helmet, sudden collisions or falls can cause concussions, brain bleeds, or cognitive impairment. Victims may experience headaches, dizziness, or long-term memory issues. Recovery can involve neurological treatment, rehabilitation, and ongoing monitoring to prevent complications that affect work, relationships, and overall quality of life.
High-impact landings or collisions can cause spinal fractures, herniated discs, or nerve compression. These injuries often result in chronic pain or limited mobility, and in severe cases, partial or total paralysis. Treatment typically includes surgery, extended therapy, and adaptive support. Colorado law allows victims to recover compensation for both immediate medical costs and long-term disability-related expenses tied to spinal damage.
Broken legs, wrists, and collarbones are common injuries in skiing and snowboarding, often resulting from awkward landings or forceful collisions. A simple fracture can sideline a person for months, while compound or multiple breaks may require surgical fixation and extensive rehabilitation. These injuries often result in significant financial strain due to medical bills and lost income during recovery, particularly for seasonal or active professionals.
The twisting motion of falls frequently leads to torn ACLs, MCLs, or shoulder dislocations. These soft-tissue injuries can be deceptively severe, requiring surgery and months of physical therapy to restore strength and stability. Many victims experience lingering stiffness or arthritis, making it more challenging to return to the activities they once enjoyed—especially in sports as demanding as skiing or snowboarding.
Collisions with trees, lift towers, or other skiers can cause internal bleeding, organ damage, or peripheral nerve injuries. These conditions often aren’t visible immediately after the accident but can become life-threatening without prompt care. Medical imaging, observation, and follow-up treatment are essential. Beyond physical harm, victims often endure emotional trauma and financial hardship throughout the recovery process.
Filing a claim against a ski resort isn’t the same as pursuing a typical personal injury case, so can you sue a ski resort? The ski industry operates under a unique legal framework that protects certain activities while holding operators accountable for negligence.
To sue successfully, you must prove that the resort or its employees breached a specific duty of care and that the breach directly caused your injuries. This often involves gathering evidence such as:
Because Colorado courts interpret the Ski Safety Act narrowly, success depends on linking your injury to an avoidable hazard or operator error—not the ordinary dangers of skiing. Our attorneys investigate each detail, from lift logs to slope management practices, to determine where the resort may have failed to meet its obligations.
Most resorts require visitors to sign a liability waiver when purchasing a lift ticket or season pass. These waivers are designed to limit the resort’s exposure to lawsuits. However, a waiver doesn’t always mean your case is over before it begins.
Can you sue a ski resort, then? Colorado law prevents resorts from waiving all responsibility, especially in cases involving gross negligence or willful misconduct. If a resort’s conduct goes beyond an ordinary mistake—such as knowingly operating unsafe equipment or failing to close a hazardous area—the waiver may not hold up in court.
Dormer Harpring reviews each waiver’s language closely. The question isn’t just whether you signed it, but whether the resort’s behavior fell outside the protections that the waiver provides.
When a ski or snowboard accident results in serious injury, victims may be entitled to compensation through a civil lawsuit. Colorado law recognizes two primary categories of damages: economic and non-economic.
Economic damages cover tangible financial losses—medical bills, lost wages, and future care needs. Colorado sets a specific cap on recovery in ski cases. As stated in the Colorado Revised Statutes, “the total amount of damages which may be recovered from a ski area operator…shall not exceed one million dollars, present value, including any derivative claim by any other claimant, which shall not exceed two hundred fifty thousand dollars, present value, and including any claim attributable to noneconomic loss or injury.”
While these caps limit total recovery, they do not minimize the importance of thorough case preparation. Every medical invoice, work record, and therapy session helps establish the full scope of your losses within the statutory framework.
Non-economic damages compensate for less tangible effects, such as pain, emotional distress, or loss of enjoyment of life. Although these are harder to measure, they often reflect the most profound impact on an injured skier’s day-to-day life.
In our experience, building a compelling case for non-economic damages requires detailed testimony, personal statements, and expert evaluations to illustrate how the injury has changed your ability to live, work, and participate in the activities you love.
At Dormer Harpring, we understand Colorado’s ski laws inside and out. Our team has helped clients recover compensation for injuries caused by negligent maintenance, unsafe equipment, and reckless resort operations. We believe that every injured skier deserves accountability and a chance to rebuild.
Whether your accident happened on the slopes of Aspen, Snowmass, or another Colorado resort, our attorneys can help you determine your rights and pursue fair compensation. Injured on the slopes? Call at (303) 747-4404 for a free consultation.
Denver Personal Injury Attorney
Fighting for Justice, Winning Against the Odds
Sean Dormer has built his career on standing up to powerful corporations and insurance companies to get justice for the injured. With a relentless trial-focused approach, he has secured multi-million-dollar verdicts and settlements for clients who were turned away by other firms. His expertise has led him to speak at statewide legal conferences and advocate for fairer personal injury laws in Colorado.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, K.C who has more than 20 years of legal experience as a Denver personal injury attorney,
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