Is Your Ski Collision Worth a Lawsuit?
Ski accidents cause devastating injuries. If you were hurt in a ski accident, you may be facing astronomical medical bills and other serious costs such as lost wages, rehabilitation, assisted living care, and home and auto alterations.
You may have heard that you cannot file a lawsuit against a ski resort if you signed a waiver, or if there was a waiver printed on the back of the ticket you purchased. But this simply isn’t true! Waivers do no exempt resorts from lability for gross negligence or violations of Colorado law. For example, if a ski lift operator failed to do their job properly and you were injured as a result, you may have a valid claim against the resort where the accident occurred.
Leventhal Puga Braley P.C. is a premier personal injury law firm in Colorado. Our Denver ski accident attorneys have spent decades handling complex injury cases, and we are ready to advise you about your options for moving forward with your case.
Below, our legal team explains when a ski collision may justify legal action, what damages may be available, and how to protect your rights after an accident.
Don’t Let the Ski Resort Avoid Accountability
Call (303) 759-9945 or toll-free at (877) 433-3906 to learn more about your options for pursuing compensation.
Do You Have a Viable Case?
Not every ski accident results in a viable claim. Skiing carries inherent risks, and Colorado law recognizes that participants accept certain dangers. But when an injury results from conduct that goes beyond those inherent risks, legal action may be appropriate.
If your injuries are severe and long-lasting, a ski collision may be worth pursuing in cases where:
- A ski resort failed to ensure safe lift operation
- Equipment malfunctioned due to a defect
- Safety protocols were ignored
- Another skier acted recklessly or out of control
Liability Waivers Do Not Exempt Ski Resorts From Gross Negligence and Illegal Behavior
Many ski resorts require visitors to sign liability waivers. These documents are designed to limit the resort’s exposure to claims arising from ordinary risks. But under Colorado law, these waivers have notable limitations. A ski resort may still be held liable if its conduct rises to a level that goes beyond acceptable safety standards. Courts often distinguish between inherent risks and actions that reflect a disregard for safety.
Examples may include:
- Operating lifts or equipment in unsafe conditions
- Violating Colorado safety regulations
When a resort’s actions cross this line, a waiver may not shield it from accountability, particularly when those failures contribute to serious injury.
What Is Ski Resort Negligence?
Ski resort negligence occurs when a resort fails to meet the standard of care expected under the circumstances. This standard is based on what a reasonably careful operator would do to maintain safety
This framework is critical in any serious injury case and forms the foundation of a ski accident lawsuit. Establishing a claim requires a detailed review of evidence, including incident reports, witness statements, and expert analysis to clearly connect the conduct to the resulting harm.
Types of Damages Available
When a ski accident leads to serious harm, a claim may seek compensation for a wide range of losses. These damages are intended to address both the financial and personal impact of the injury.
The severity of injuries is often the most important factor in determining the value of a claim. Catastrophic injuries, such as brain injuries, spinal cord damage, or permanent disability typically require extensive medical care and long-term planning. These cases demand careful preparation and expert testimony to fully present the scope of harm.
Medical Expenses
Medical costs can accumulate quickly after a ski accident. Emergency treatment, surgeries, hospital stays, rehabilitation, and ongoing care may all be part of the claim. Future medical needs are often a significant component, particularly when injuries require long-term treatment or monitoring.
Home and Vehicle Alterations
Severe injuries may require changes to a person’s living environment and transportation. These costs may be included as part of a comprehensive claim. This can include:
- Widened doorways for wheelchair access
- Bathroom accommodations such as roll-in showers and grab bars
- Kitchen accommodations for accessibility and ease of use
- Vehicle chair lifts and other specialized transportation equipment
- Stair lifts to improve mobility within the home
- Voice-activated lights and utilities for increased independence
- In-home care
Lost Wages and Reduced Future Earning Capacity
An injury may prevent a person from returning to work, either temporarily or permanently. Lost income, reduced earning potential, and changes in career trajectory may all be considered. For high-income individuals or those with specialized careers, this category of damages can be significant.
Pain and Suffering
Physical pain, emotional distress, and the loss of enjoyment of life are real consequences of serious injuries. These damages reflect how the injury has altered a person’s daily life and overall well-being.
Find Out If Your Case Is Worth Pursuing
Call (303) 759-9945 or toll-free at (877) 433-3906 to learn more today.
Leventhal Puga Braley P.C. Wins Major Colorado Ski Accident Verdict
In a landmark decision, a Colorado jury awarded $20 million to Annie Miller, a 16-year-old who was paralyzed after falling 30 feet from a ski lift at Crested Butte Resort. The case centered on whether the resort’s liability waiver could shield it from responsibility. Represented by Leventhal Puga Braley P.C. attorneys Bruce Braley and Brian Aleinikoff, our attorneys argued that the resort failed to act when she showed clear signs of distress while boarding the lift. The operator did not stop the lift in time, leading to the devastating fall.
Although a lower court initially dismissed much of the case due to the waiver, the Colorado Supreme Court ruled that such waivers do not automatically protect against statutory violations. This case sets a powerful precedent, reinforcing that companies cannot rely on waivers to avoid accountability when they fail to meet basic safety standards.
Filing a Ski Accident Wrongful Death Claim
In the most serious cases, a ski accident may result in the loss of life. A wrongful death claim allows certain family members to seek compensation for the losses associated with that death. A thorough investigation by your attorney can help ensure that all responsible parties are identified and that the full extent of the loss is properly presented.
A wrongful death claim or lawsuit may include damages for:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and guidance
Who Can Be Liable for Ski Accident Injuries?
Liability in a ski accident is not always straightforward. Multiple parties may be involved, depending on how the accident occurred. Each party may have a different duty under the circumstances, and identifying where the breach of standard of care occurred is essential for pursuing a successful lawsuit.
Potentially responsible parties may include:
- Ski resort owners
- Equipment manufacturers
- Instructors or guides
- Maintenance contractors
- Other skiers or snowboarders
What to Do After a Ski Accident
The steps you take after a ski accident can have a lasting impact on your ability to pursue a claim.
- Immediately seek medical attention
- Report the incident to ski patrol or resort management
- Capture photos of the accident scene and collect witness contact information
- Avoid making statements about the accident
- Stay off of social media until your case is resolved
- Contact an experienced ski accident lawyer
Reason to Speak With a Lawyer Right Away After a Ski Accident
After a skiing accident, timing matters more than most people realize. The moments and days that follow can effect whether you’re able to pursue a claim and recover meaningful compensation. Evidence can disappear quickly, ski resorts begin building their defense immediately, and early missteps can weaken your position.
Getting an experienced Colorado injury lawyer involved right away helps protect your rights, preserve critical evidence, and ensure your case is built correctly from the start. Key reasons to see a lawyer right away include:
- Evidence at the scene can quickly change or disappear
- Ski resorts and insurers begin protecting their interests immediately
- Early statements can be used against you later
- The full extent of injuries may not be immediately clear
- Multiple parties may be responsible, requiring prompt investigation
- Acting quickly strengthens your ability to pursue full compensation
Why Choose Us Over Other Ski Accident Law Firms in Denver?
Leventhal Puga Braley P.C. is recognized as a premier trial firm handling high-value injury cases in Colorado and across the country. We prepare every case for trial, building the strongest possible position from day one. Our reputation, results, and commitment to our clients set us apart when the stakes are highest.
- Founded in 1981 with decades of trial experience handling high-stakes cases
- AV Rated by Martindale-Hubbell for the highest ethical standards and legal ability
- Attorneys consistently selected to Super Lawyers based on peer recognition and independent research
- The Colorado Trial Lawyers Association awarded its 2024 Case of the Year to attorneys Brian Aleinikoff and Bruce Braley for their work in Miller v. Crested Butte Mountain Resort.
- Proven record of securing substantial jury verdicts in catastrophic injury cases
Speak With an Experienced Denver Ski Accident Attorney
If you or a loved one has been seriously injured in a ski collision, you may be facing uncertainty about the future. Medical expenses, lost income, and long-term care needs can create significant challenges.
Leventhal Puga Braley P.C. offers an initial consultation at no charge where you can learn more about your case. We won’t back down from anybody when it comes to seeking justice for our clients.
Call (303) 759-9945 or toll-free at (877) 433-3906 to find out how we can help. You won’t owe us anything unless we win your case.
Ski Accident Injury FAQs
What makes a ski accident lawsuit viable?
A ski accident lawsuit may be viable when the injury involves more than the inherent risks of skiing. If another party breached the standard of care, that breach is a cause of the injury, and damages resulted, a claim may be appropriate.
Can I file a lawsuit if I signed a ski resort waiver?
Yes, in certain circumstances. Liability waivers do not necessarily protect ski resorts from conduct that falls below acceptable safety standards. If there was a breach of standard of care that caused your injuries, a claim may still be pursued.
Who may be responsible for a ski collision?
Responsibility may fall on another skier, the ski resort, equipment manufacturers, or other third parties. Determining responsibility requires a detailed review of how the incident occurred.
How long do I have to file a ski accident claim in Colorado?
Colorado law sets time limits for filing injury claims. It is important to speak with an attorney as soon as possible to ensure your rights are protected and deadlines are not missed.
What types of injuries are common in ski accident cases?
Ski accidents often involve serious injuries such as traumatic brain injuries, spinal cord damage, fractures, and other conditions that may require long-term care.
What damages may be available in a ski accident lawsuit?
Damages may include medical expenses, lost wages, reduced earning capacity, in-home care needs, and pain and suffering, depending on the circumstances of the case.
How is fault determined in a ski accident case?
Fault is determined by analyzing whether a party failed to meet the standard of care and whether that failure caused the injury. Evidence, witness accounts, and expert analysis are often critical.
Do I need an attorney for a ski accident claim?
Serious ski accident cases often involve complicated legal and medical issues. An attorney may help evaluate the case, gather evidence, and present the claim effectively.
How much is my ski accident case worth?
The value of a case depends on factors such as the severity of injuries, long-term impact, medical costs, and loss of income. Each case must be evaluated individually based on its specific facts.
About Our Law Firm
Leventhal Puga Braley P.C. has built a national reputation for handling personal injury cases with precision and strength. Since our founding in 1981, we have remained committed to one principle: our clients come first. Every case we accept is prepared with the expectation that it will be presented to a jury, allowing us to fully develop the facts and advocate at the highest level. This trial-first approach positions our clients for the strongest possible outcomes.
Our legal team includes some of the most respected trial attorneys in Colorado and across the country. Founder Jim Leventhal is one of the most highly regarded trial lawyers in the United States. Jim Puga, a leader in catastrophic injury litigation, has secured record-setting verdicts, including one of the largest medical malpractice jury awards in Colorado history. Bruce Braley, a former Congressman and accomplished attorney, brings decades of litigation and leadership experience to the firm.
Attorneys Brian Aleinikoff and Alex Wilschke further strengthen our legal team with their dedication to detailed case preparation and client-focused advocacy. Together, we bring a depth of experience that allows us to take on the most challenging cases.