What Are the Ski Laws in My Area?

What Are the Ski Laws in My Area?

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What Are the Ski Laws in My Area?

Skiing is one of the most popular winter sports in the United States. As of 2019, there were 470 ski resorts operating in the U.S. alone. These figures are not surprising. Avid skiers are able to explore the most beautiful terrain our country has to offer.

But while skiing is a fun, social, and exhilarating experience, it can also be dangerous. Experienced skiers can reach speeds of 20 mph or more. Naturally, this means that catastrophic injuries can result from an accident on the slopes.

Fortunately, each state has a set of ski laws to keep athletes safe. If you are going skiing in a new area, it’s a good idea to get familiar with these laws and regulations. In this blog post, we have outlined some helpful information to get you started. 

As always, you can contact the offices of Morgan & Morgan should you come across any questions or concerns. Simply fill out our online contact form and we will get back to you promptly. And if you’re wondering, “What are the ski laws in my area?” keep reading to learn more.

How Ski Laws Help Athletes Stay Safe

Skiing is an inherently risky sport. It is a gravity-centric activity, with athletes skiing down snowy inclines of all shapes and sizes. 

Other risk factors can include:

  • Sudden changes in weather conditions
  • Rocks
  • Trees
  • Man-made structures

For many athletes, these risks are part of the sport’s appeal. But while skiing is fun, a collision at high speeds is anything but. That’s why ski laws exist: to protect skiers from injury and ski areas from liability. 

Of course, accidents and injuries should be avoided at all costs, even if it means a lesser experience for adrenaline junkies. 

In each state, ski laws are typically broken down into two categories:

  1. Responsibilities of ski areas
  2. Responsibilities of skiers

Most often, laws for ski areas include guidelines for marking trails, operating chairlifts safely, providing boundaries, and posting warnings. 

For the athletes themselves, laws usually specify that the individuals obey warning signs, heed posted information, and understand the limits of their own abilities. If a skier fails to obey the area’s ski laws, he or she risks having their privileges revoked or worse.  

Your Responsibilities on the Slopes

If you are a skier, you have certain responsibilities when on the mountain. In fact, according to the NSAA, or the National Ski Areas Association, all athletes have a minimum of seven responsibilities. While skiing, you must:

  1. Maintain your control at all times so that you can stop or avoid other people and/or objects that you encounter
  2. Give people ahead of you the right of way
  3. Never stop in a way that obstructs a trail or hinders visibility
  4. Before you start downhill or merge onto a trail, look uphill and yield to oncoming skiers
  5. Employ devices that decrease the risk of runaway equipment
  6. Observe and obey all posted warnings and signs
  7. Obtain the knowledge and ability to load and unload safely from a lift before using one

The association also recommends that all participants of snow sports wear helmets. At the very least, following these guidelines will lower your risk of injury and/or liability. 

And if you are interested in enabling a safe and fun experience for everyone on the slopes, these safe choices make that possible too. From there, you’ll want to ask, “What are the ski laws in my area?” 

How Ski Laws Differ State to State

Each state has different laws to govern safe behavior for skiers and ski areas. Below, we’ve outlined the ski laws of four different states. Our hope is that this overview will give our readers a better understanding of how these laws differ from one location to another.

Nevada

The latest updates to Nevada’s ski laws were made in 2005, with amendments to the Nevada Ski Safety Act. The law defines the duties of skiers and snowboarders and also prohibits these unsafe acts:

  • Using a ski or snowboard without the proper straps and/or attachments
  • Crossing the uphill slope of a surface lift, unless instructed to do so by an operator
  • Willfully stopping in a way that obstructs a trail, slope, or run

Nevada law also specifies that no person should ski or snowboard while intoxicated or under the influence of controlled substances. 

Additionally, any person involved in a skiing or snowboarding collision must provide their name and address to anyone who is injured in the collision.

Utah

According to Utah law, ski area operators are not liable for injuries caused by the inherent risks that come along with skiing. However, operators are responsible for maintaining a safe environment by:

  • Maintaining orderly passenger traffic
  • Stopping the lift in dangerous conditions
  • Preventing the excessive build-up of man-made snow

The state also specifies that skiers must behave responsibly (in accordance with the NSAA responsibilities we listed above.) Failure to follow these guidelines could leave an individual liable for an injury or accident they caused. 

Colorado

In Colorado, there is a comprehensive regulatory scheme that outlines the responsibilities of ski lift operators. Similar to Utah, Colorado’s regulations protect skiers from risks that are beyond the inherent dangers of the sport. 

New York

In New York, the responsibilities of skiers, lift passengers, and operators are outlined in the state’s Safety in Skiing Code. This state is similar to the other states we’ve mentioned above. 

The Code states that skiing is a voluntary activity with inherent risks and that ski areas are not liable for injuries that result from those risks.

Interestingly, New York does require ski areas to post a conspicuous “Warning to Skiers” document that describes these inherent risks. The warning must be posted at all points of sale and ticket distribution centers. 

The state also requires ski resorts to honor a skier’s right to a refund should they decide that they are unwilling to ski due to the inherent risks. 

As you can see, the laws of different states are similar in a lot of ways. However, some of the nuances of these laws can impact a personal injury claim or lawsuit dramatically. That’s why we advise skiers to become informed on local laws when skiing in a new area.

What to Do in the Event of a Ski Accident

After a ski accident, you could be left with feelings of pain, confusion, and fear. Calling an attorney quickly after the incident will help to lessen those emotions. We also recommend that you:

  • Make obtaining medical care your first priority
  • Gather any evidence you can, especially photographs of the scene and your injuries
  • Collect the contact information of anyone else who was involved in or witness to the accident
  • Schedule an initial consultation with Morgan & Morgan to discuss your legal rights

You can trust the attorneys at Morgan & Morgan to give you an accurate and fair opinion. If you are entitled to compensation, we will let you know. We can also help you answer important questions, like “What are the ski laws in my area?”

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FAQ

Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

What Are the Ski Laws in My Area? - FAQs

  • Does the Attorney I Hire Really Matter?

    Yes! You want an attorney who is experienced and skilled, no matter how big or small your case is. However, that’s not where the list of qualifications ends. You also want a legal professional who is compassionate and has your best interests in mind. 

    That’s why your initial consultation is so important. Pick an attorney with whom you believe you can work well. That way, you can expect the process to move as smoothly as possible. 

  • How Do I Know Whether I Have a Case?

    This is where the laws of the state in which you were skiing come into play. However, those specific laws aside, there are some common factors that will impact your eligibility for a personal injury settlement.

    To begin with, you must be able to prove that you were injured and that the injury was caused by a negligent skier or ski area. This is where documentation becomes especially important.

    The best way to determine whether you have a case is to call Morgan & Morgan. At your initial consultation, we ask that you bring any and all documentation with you. That way, we can give you an accurate summary of your legal rights. 

  • Is There a Statute of Limitations for Personal Injury?

    In Nevada, there is a two-year statute of limitations for personal injury suits. This varies state by state, so call us to learn more if your injury occurred outside of the state.

  • What Damages Am I Entitled To?

    Nevada has a comparative fault rule for personal injury cases. This means that any responsibility you hold for the accident will detract from your final settlement payout. Of course, this is a system that can become complicated. Hiring an experienced attorney is in your best interest.

  • Do I Have to Pay if I Lose My Case?

    At Morgan & Morgan, our contingency fee structure means that clients do not pay any upfront costs for our services. Instead, we will discuss a pay agreement with you before we take on your case. That way, both parties are comfortable with and aware of the fee percentage agreement going forward.

  • Can I Seek Compensation From a Negligent Ski Resort?

    Yes, if the ski resort was truly negligent according to the area’s laws. Remember, ski resorts are not liable for any injuries that happen as a result of the inherent risks of skiing. If you have questions about this, please call our office.

  • Trust Morgan & Morgan to Make Your Best Interests the Priority

    Do you need answers to questions like, “What are the ski laws in my area?” Call our office right away. If possible, we will help you pursue compensation for the damages and injuries you have sustained from a skiing accident. 

    Morgan & Morgan is the nation’s largest injury law firm for a reason. In our years of service, we have won more than a million settlements for a total of more than $9 billion in compensation for personal injury victims.

    If you are looking for compassionate support, you’ll find it at our firm. Get in touch by filling out our online contact form and let us fight for you.

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