If you have been injured while skiing in Colorado, you may be able to obtain compensation for your injuries.
Colorado skiing law is largely contained within the Ski Safety Act of 1979. The Act is located within the Colorado Revised Statutes at §33-44-100. The Act includes thirteen sections covering the duties of skiers and operators, limitations of liability, and the types of claims that a person may bring for injuries.
In general, a skier or snowboarder may be able to obtain compensation from another skier or snowboarder due to a collision. The “uphill” skier or rider is presumed to be at fault in a collision, and it is the uphill skier’s responsibility to maintain a safe distance behind a downhill skier.
Collision claims are heavily dependent on witnesses and available objective data. Sources of data include logs from ski passes that track the times and number of runs a skier makes in a day. Other sources include fitness tracking devices and apps which may be able to provide data on speed, location, and the exact time of an incident. Skiers and riders often use third-party tracking applications that trace a skier’s exact course and speed throughout their day. Obtaining these data can make or break a claim for injuries.
Because operators are mostly immune to liability for skier-on-skier collisions, it can be difficult to find a source of funds for compensation. If the at-fault rider has homeowner’s insurance, that policy may provide coverage. Umbrella policies may also provide coverage.
Skiers and snowboarders may also be able to obtain compensation from ski area operators for things such as lift malfunctions, heavy machinery operation, improperly marked boundaries, and in-bounds avalanches. However, there are caps on the damages one can obtain from an operator, and it is essential you speak to an attorney to understand the consequences of these caps.
If you have suffered an injury while skiing in Colorado, reach out to an attorney who can help. We handle these cases, and you can reach us at (303) 747-4404.