Winter Sports Injuries: When a Ski Resort or Recreational Facility May Be Responsible

Winter sports involve some of the most exhilarating experiences while surrounded by fresh snow, crisp air, and cozy warm-ups in ski lounges. 

But for thousands of people each year, skiing, snowboarding, ice skating, tubing, and other cold-weather activities end not with fond memories, but with serious injuries.

To add insult to injury, ski resorts and recreational facilities often respond to guest injuries with the same standard response: Sorry, you signed a waiver. 

While waivers are common in winter sports, they do not automatically shield resorts from liability. For instance, when injuries are caused by negligence, unsafe conditions, defective equipment, or poorly trained staff, injured guests may have legal options, despite what the fine print says.

These injuries can cost more than a ruined holiday trip; they can lead to mounting medical bills, lost wages from missed work, or even life-altering complications. When you consider all of those expenses and hardships, you may be entitled to compensation for your damages, waiver or no waiver. 

If you or a loved one were injured at a ski resort or other winter recreational facility, don’t hesitate to contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

Common Winter Sports Injuries

Winter sports involve inherent risks, but some injuries go far beyond what participants reasonably expect. Common injuries include:

• Traumatic brain injuries (TBIs) and concussions
• Spinal cord, neck, and back injuries
• Broken bones and fractures
• Knee injuries, including ACL and MCL tears
• Shoulder and wrist injuries
• Frostbite and hypothermia
• Lacerations and crush injuries
• Fatal accidents involving collisions or falls
   

While some injuries result from unavoidable accidents, many occur because safety standards were ignored or hazards were allowed to persist.

Do Injury Waivers Really Protect Ski Resorts?

Most ski resorts and winter recreation facilities require guests to sign liability waivers before participating. These documents often state that participants assume the risk of injury and agree not to sue.

However, waivers are not absolute protection.

Waivers generally apply to inherent risks of the activity (e.g., falling while skiing) and ordinary accidents that occur even when the facility follows safety rules.

Waivers typically do not protect resorts from:

• Gross negligence
• Reckless or willful conduct
• Unsafe property conditions
• Defective or improperly maintained equipment
• Failure to follow industry safety standards
   

If a resort’s negligence caused or contributed to an injury, the waiver may be unenforceable.

When a Ski Resort or Facility May Be Liable

Regardless of a facility’s efforts to reduce liability, some scenarios and accidents have zero excuses, including:

1. Unsafe or Poorly Maintained Conditions

Ski resorts have a legal duty to maintain reasonably safe premises. When they fail to do so, injuries can occur.

Examples of unsafe conditions include:

• Unmarked hazards on trails
• Poorly groomed runs with hidden ice or debris
• Broken safety barriers or fencing
• Inadequate lighting in lift areas or walkways
• Overcrowded slopes with no crowd control
• Unsafe terrain parks with poorly designed features

Resorts must regularly inspect their property and address hazards promptly. Ignoring known dangers can lead to liability.

2. Defective or Improperly Maintained Equipment

Winter sports rely heavily on equipment, much of which is rented directly from the resort. Faulty gear can turn a routine run into a life-altering accident.

Equipment-related negligence may involve:

• Defective skis, snowboards, bindings, or boots
• Improperly adjusted bindings that fail to release
• Worn-out helmets or safety gear
• Malfunctioning ski lifts or gondolas
• Poorly maintained snowmobiles or tubing equipment
   

Resorts are responsible for inspecting, maintaining, and properly fitting rental equipment. If defective gear contributes to an injury, the resort or the equipment manufacturer may be held accountable.

3. Ski Lift and Gondola Accidents

Ski lift accidents are rare, but when they happen, the consequences can be severe.

Potential causes include:

• Mechanical failure
• Improper loading or unloading procedures
• Operator error
• Failure to stop the lift in dangerous situations
• Inadequate inspections or maintenance

Because ski lifts are highly regulated, violations of safety standards can be powerful evidence of negligence.

4. Inadequate Staff Training or Supervision

Resort employees play a critical role in guest safety. When staff members are poorly trained, underqualified, or inattentive, injuries become more likely.

Examples include:

• Lift operators failing to monitor riders
• Instructors providing unsafe guidance
• Staff ignoring reckless behavior on slopes
• Poor emergency response to injured guests
• Failure to enforce safety rules in terrain parks

Resorts must hire competent staff and provide proper training. Failure to do so may expose them to liability.

5. Failure to Warn of Known Risks

While winter sports involve obvious dangers, resorts must still warn guests about non-obvious or unexpected hazards.

This may include:

• Temporary trail closures
• Avalanche risks
• Ice patches or sudden terrain changes
• Equipment malfunctions
• Weather-related dangers

If a resort knew or should have known about a risk and failed to provide adequate warnings, it may be held responsible.

Compensation You May Be Entitled To

Depending on the circumstances, injured victims may be able to recover compensation for:

• Medical expenses
• Future medical care and rehabilitation
• Lost wages and reduced earning capacity
• Pain and suffering
• Permanent disability or disfigurement
• Wrongful death damages for surviving families
  
   

Inherent Risk vs. Negligence: The Legal Distinction

Ski resorts often argue that injuries are simply “part of the sport.” While courts recognize inherent risks, they also distinguish between unavoidable dangers and preventable negligence.

Here’s a simple breakdown:

Inherent risk: Falling while skiing due to loss of balance

Negligence: Falling because a resort failed to mark a known hazard

This distinction is important. Just because an activity is dangerous doesn’t give businesses a free pass to cut corners on safety.

What to Do After a Winter Sports Injury

If you’re injured at a ski resort or recreational facility, taking the right steps can protect both your health and your legal rights.

1. Seek Medical Attention Immediately

Even injuries that seem minor can worsen over time. Medical records also create important documentation.

2. Report the Incident

Notify resort staff and request an incident report. Be factual and avoid speculating about fault.

3. Document the Scene

If possible, take photos or videos of the area, capture equipment defects or unsafe conditions, and get names and contact information of witnesses.

4. Preserve Equipment

Do not return or alter defective equipment. It may serve as critical evidence.

5. Avoid Signing Additional Documents

Do not sign statements or settlement offers without legal advice.

Why These Cases Are Often Challenging

Ski resort injury cases are complex. Resorts often have aggressive legal teams, extensive insurance coverage, and waivers drafted to discourage claims.

They may argue that the injury was unavoidable, that the guest assumed the risk, or even that the guest caused their own injury.

This is why having experienced legal representation matters.

How Morgan & Morgan Can Help

Ski resorts and recreational facilities profit from winter sports, and with that profit comes responsibility. If your injury was caused by unsafe conditions, defective equipment, or negligent staff, you may have rights that a waiver cannot take away.

Morgan & Morgan has decades of experience standing up to powerful corporations and insurance companies. When someone is seriously injured at a ski resort or recreational facility, our attorneys investigate every aspect of the incident and fight for the full and fair compensation you need and deserve to move forward with your life.

We work with experts in safety standards, engineering, and recreation industry practices to build strong cases for injured clients.

If you or a loved one was injured during a winter sports activity, our attorneys can help you understand your options and pursue the justice you deserve. Contact us today for a free case evaluation to learn more.