blog home Ski Injury Injuries at Ski Resorts – Where Does Liability Lie?

Injuries at Ski Resorts – Where Does Liability Lie?

By lladmin on March 31, 2019

Skiing and snowboarding are among the most popular outdoor activities in Colorado, drawing millions to the slopes each year. When negligence plays a role in a ski-related injury or fatality, understanding who may be legally responsible is an essential step in the legal process. From faulty lift operations to poor slope maintenance, determining liability is the first step in seeking justice.

Leventhal Puga Braley P.C., is a nationally recognized personal injury law firm in Denver. We help accident victims and their families navigate the legal challenges of ski resort injuries. If you or a loved one was injured while skiing or snowboarding in Colorado, you may have a valid claim against the resort, equipment provider, or another party.

Injured at a Colorado Ski Resort?

Call (303) 759-9945 or toll-free at (877) 433-3906 for a free consultation.

Who Can Be Liable for Ski Resort Injuries?

Several parties may bear responsibility, depending on the circumstances:

Ski Resort Negligence

  • Chairlift injuries
  • Inadequate maintenance of ski lifts or grooming equipment
  • Poorly maintained trails and unsafe conditions
  • Lack of adequate signage or warnings

Skier/Snowboarder Negligence

  • Reckless or high-speed behavior
  • Ignoring trail signs or etiquette
  • Causing collisions with other guests

Equipment Malfunction

  • Faulty rental gear provided by the resort
  • Manufacturing defects in skis, bindings, or helmets
  • Improper maintenance of safety equipment

Don’t Assume You Signed Away Your Rights.

Find out if you have a claim by calling (303) 759-9945 or toll-free at (877) 433-3906.

How Ski Resort Negligence Causes Injuries

Ski resorts can be held liable when unsafe practices or poor maintenance lead to harm. Common examples include:

Lift Malfunctions

  • Mechanical failures from lack of maintenance
  • Operator errors (e.g., failing to stop the lift in time)
  • Unsafe boarding or unloading procedures

Poor Trail/Slope Conditions

  • Leaving dangerous areas open to the public
  • Lack of fencing or protective barriers near drop-offs

Inadequate Signage

  • Missing difficulty ratings or warning signs
  • Failing to mark merging trails or slow zones
  • Inadequate boundaries or off-limit area notifications

Liability Waivers Don’t Shield Ski Resorts Against Gross Negligence or Legal Violations

Although resorts often require visitors to sign liability waivers, these waivers are not absolute. Courts may find them unenforceable under several conditions. Waivers cover typical ski-related risks. But they do not excuse negligence in lift operations or guest safety violations.

Violations of State Law

If a resort breaks a regulation such as failing to stop a lift when required, the waiver could be void.

Gross Negligence or Recklessness

Waivers generally do not protect resorts from conduct that shows extreme disregard for safety.

Inadequate Wording or Consent

Waivers must be clear, voluntary, and understood. If signed under pressure or written in confusing language, they may be invalid.

Colorado Skier Injured by Dangerous Lift Conditions Wins $20 Million

A Colorado jury delivered a significant verdict in favor of Annie Miller, a 16-year-old who was paralyzed after falling about 30 feet from a ski lift at Crested Butte Resort. The jury awarded $20 million in damages, bringing attention to an important legal question in Colorado: the limits of liability waivers in recreational injury cases. The decision highlights how courts and juries evaluate negligence and responsibility when dangerous conditions lead to serious harm. Leventhal Puga Braley P.C. partner Bruce Braley and attorney Brian Aleinikoff represented Annie Miller.

The incident occurred in 2022 while Annie was skiing at Crested Butte with her church youth group. As she boarded the Paradise Express Lift with her father, she was not fully seated before the chair began moving. Her father attempted to hold onto her as she struggled to stay on the lift, but despite her calls for help, the lift operator did not stop the lift in time. Annie fell roughly 30 feet onto hard-packed snow, leaving her permanently paralyzed.

Crested Butte Mountain Resort is owned by Vail Resorts. Annie’s lawsuit alleged that the resort acted with negligence and gross negligence. Although a state judge initially dismissed several of the claims because of the resort’s liability waiver, the Colorado Supreme Court later ruled that such waivers do not protect companies from negligence per se claims. This ruling allowed the case to move forward. Ultimately, the jury found the resort 75 percent responsible for the accident and awarded Annie $20 million in damages.

Injuries Caused by Ski Accidents in Colorado

Ski-related injuries can range from mild to life-altering. High speeds, changing terrain, equipment failures, and collisions with other skiers or resort structures can all lead to serious harm on the slopes. When incidents occur, victims may face extensive medical treatment and long recovery periods.

In severe cases, injuries can permanently affect mobility, independence, and a person’s ability to work or participate in daily activities. Our firm has experience representing individuals who have suffered significant harm in skiing incidents and works to build strong cases that reflect the full impact of these injuries.

Our firm handles cases involving:

These injuries often require surgery, physical therapy, and long-term care. We work to ensure your compensation reflects the full scope of your recovery needs.

How a Colorado Ski Injury Lawyer Can Help

Ski resort accident claims can involve complex legal and factual issues, including liability waivers, industry safety standards, and competing accounts of what happened. An experienced attorney can help investigate the circumstances of the accident and identify whether negligence may have contributed to the injury. Legal representation can also help protect your rights when dealing with resort operators and insurance companies.

Ski resorts and their insurance providers will often try to minimize or deny your claim. Our attorneys will:

  • Investigate the accident scene and resort conditions.
  • Secure witness statements and ski patrol reports.
  • Examine liability waivers and determine their enforceability.
  • Consult medical experts to assess the full extent of your injuries.
  • Calculate long-term damages including rehabilitation, lost wages, and reduced quality of life.
  • Build a compelling case for trial.

What Types of Damages Are Available?

Ski resort accidents can cause serious injuries that affect nearly every aspect of a victim’s life. The financial, physical, and emotional impact of these injuries can continue long after the accident itself. A legal claim may help injured individuals pursue compensation that reflects the full scope of their losses.

If negligence contributed to your injuries, you may be eligible for compensation including:

  • Medical expenses (past and future)
  • Physical therapy and rehabilitation
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement
  • Wrongful death damages (in fatal accidents)

Filing a Wrongful Death Claim After a Skiing Accident

Tragically, some ski injuries are fatal. If your loved one died as a result of ski resort negligence, you may be entitled to file a wrongful death claim. Compensation can include funeral expenses, loss of companionship, and financial support the deceased would have provided.

Wrongful death claims are intended to help families address the financial and emotional impact of losing a loved one due to another party’s negligence. These cases may arise when dangerous conditions, inadequate safety procedures, lift operator errors, or other failures at a ski resort contribute to a fatal accident.

While no legal action can undo the loss, pursuing a claim may help families seek accountability and financial stability during a difficult time. Colorado law sets specific rules regarding who may file a wrongful death claim and the types of damages that may be recovered. An experienced attorney can help families understand their options and guide them through the legal process.

Damages in a wrongful death claim may include:

  • Funeral and burial expenses
  • Medical expenses related to the fatal injury
  • Loss of the deceased person’s income and future financial support
  • Loss of companionship, care, and guidance
  • Emotional suffering experienced by surviving family members
  • Other financial losses related to the death

Reasons to Choose Our Personal Injury Law Firm

Choosing the right law firm after a serious injury can make a meaningful difference in the outcome of your case. At Leventhal Puga Braley P.C., our attorneys bring decades of experience, proven results, and a commitment to thorough preparation in every case we handle.

  • Nationally recognized trial law firm handling complex personal injury and medical malpractice litigation.
  • Named among the Best Law Firms in America by U.S. News & World Report.
  • Attorneys recognized by Super Lawyers based on peer reviews and independent research.
  • Founder Jim Leventhal is a member of the Inner Circle of Advocates, an invitation-only group of the top 100 plaintiff trial lawyers in the United States.
  • Attorneys at the firm have earned multimillion-dollar verdicts and settlements in complex injury cases.
  • Extensive experience handling catastrophic injury claims involving brain injuries, paralysis, and wrongful death.
  • AV-rated by Martindale-Hubbell®, reflecting the highest standards of legal ability and ethics.
  • No charge for initial consultations, and no fees unless we recover compensation for you.

What Clients Are Saying About Us

Exemplary in all regards- Porter L. (5-Star Yelp Review)

The experience I had with Leventhal Puga Braley P.C. was exemplary in all regards. The highest in professionalism, empathy, prompt service, and an overall excellent representation in the malpractice field. They were recommended as the Best in the West and that wasn’t an exaggeration.

Great professional team- Eugenia Brady (5-Star Google Review)

Words cannot express my gratitude to Jim Leventhal and his great professional team for representing me in a case that was extremely hard for me personally and emotionally. Their understanding, compassion, and professionalism make a perfect mix to deal with cases that are attached to trauma. From the bottom of my heart, thank you so much again for representing me for one of the hardest things I had to face in my life and making sure that every outcome will be in the best interest of me and my family! I can’t recommend them enough. God bless you!

Talk to a Denver Ski Injury Lawyer Today

If you were injured at a ski resort due to negligence, don’t assume the waiver you signed prevents you from taking legal action. These cases are complex, but with the right legal team, you can fight back.

Leventhal Puga Braley P.C. is a nationally recognized personal injury law firm in Denver with a proven track record of success in ski resort injury cases. We understand how to overcome liability waivers, expose unsafe practices, and build strong claims on behalf of injured clients.

Call (303) 759-9945 or toll-free at (877) 433-3906 to learn more today.

Ski Injury Liability FAQs

Can I sue a ski resort if I signed a liability waiver?

Yes, you may still have a claim. Liability waivers do not protect ski resorts from gross negligence, violations of law, or unsafe practices beyond the inherent risks of skiing.

What qualifies as negligence at a ski resort?

Negligence may include chairlift loading and unloading injuries, poorly maintained ski lifts, and lack of warning signs.

Who can be held responsible for my ski accident?

Depending on the facts, liable parties may include the ski resort, lift operators, maintenance staff, negligent skiers or snowboarders, equipment rental companies, or manufacturers.

What injuries commonly result from ski resort negligence?

Ski injuries can include concussions, spinal cord injuries, broken bones, ACL or shoulder tears, traumatic brain injury, or paralysis—many requiring long-term medical care.

How do I know if I have a valid ski injury claim?

If your injury was caused by something beyond the normal risk of skiing, you may have grounds for a legal claim. An attorney can help you evaluate your case.

What damages can I recover in a ski accident lawsuit?

You may be entitled to compensation for medical bills, future treatment, lost wages, pain and suffering, and, in severe cases, permanent disability or wrongful death damages.

What should I do after a ski injury occurs?

Seek immediate medical care, report the incident to ski patrol, request a copy of the incident report, preserve your equipment, and contact a ski injury lawyer to discuss your legal options.

About Leventhal Puga Braley P.C.

Leventhal Puga Braley P.C. is a nationally recognized personal injury law firm based in Denver, Colorado. For decades, our firm has been a powerful voice for those who have suffered catastrophic harm due to the negligence of others. This commitment to advocacy and results is a principle echoed by Adrian Johnson, who emphasizes the importance of holding negligent parties fully accountable in complex injury cases.

Leventhal Puga Braley P.C. is led by a team of accomplished trial attorneys with decades of experience handling high-stakes litigation. Jim Leventhal, the firm’s founder, is one of the most respected medical malpractice lawyers in Colorado. Partner Jim Puga has achieved national recognition for his work in complex medical malpractice and birth injury cases.

The firm’s collaborative approach to litigation reflects the same strategic focus on detail and preparation highlighted by Alex Wilschke in high-value personal injury matters. His emphasis on thorough case development and strategic execution aligns closely with the firm’s commitment to achieving strong results for clients.

Partner Bruce Braley, a former member of Congress and seasoned trial lawyer, brings extensive courtroom and appellate experience to the firm and has played a key role in major cases involving catastrophic injuries and medical negligence. Attorney Brian Aleinikoff is also a highly experienced trial attorney who has represented injured patients and families in complex medical malpractice and personal injury cases, helping to secure significant results in high-stakes litigation.

We approach every case with tireless preparation, strategic insight, and personal attention. At Leventhal Puga Braley P.C., we don’t back down from complex litigation. We prepare every case for trial and fight for full compensation, because we know what’s at stake.

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