Snow skiing and snowboarding are among the country’s favorite wintertime recreational activities. They are the perfect way to enjoy the outdoors with family or friends while having fun and getting exercise. However, what happens if someone is injured while involved in either sport?
The problem is that both minor and serious injuries connected with skiing and snowboarding have increased over the past several years. This raises even more questions about filing a personal injury lawsuit and receiving monetary compensation for injury, as well as financial loss.
The types of injuries that skiers and snowboarders sustain range from something minor, like a sprain or fracture, to something more serious, including head, neck, and spinal cord injuries. In the most severe circumstances, some people lose their lives. At greatest risk are children and teenagers.
All too often, skiers and snowboarders collide with one another; they run into obstacles, including fences, trees, and signs; and, sometimes, they fall of chairlifts. However, injuries are also linked to poor skiing or snowboarding instruction and faulty resort equipment. In those cases, an individual may be able to sue due to negligence.
Negligence cases also involve someone colliding with another skier or snowboarder who was reckless or careless on the slopes and poorly marked or maintained runs. Regardless, to be successful with a personal injury lawsuit, two things must happen. First, the injured party needs to seek legal advice from an attorney who specializes in personal injury cases. Second, negligence must be proven.
In the event that someone is injured because of defective ski equipment, perhaps bindings that broke, he or she needs an attorney who handles product liability cases, as well. Something else of importance is that because snow skiing and snowboarding are considered potentially dangerous activities, an “assumption of risk” comes into play.
Typically, that means that the defense in a personal injury lawsuit such as this will claim the person who sustained injuries was partially or fully responsible by participating in the activity. Since this can be a strong defense, the attorney hired must possess the right qualifications, experience, and expertise.
Often, lawsuits pertaining to snow skiing and snowboarding accidents are complex. The outcome of the case depends on rules, regulations, and statutes, which are unique for each state. If you or a minor in your family has been injured while involved in either sport, hiring a reputable attorney is critical.
Even if it comes down to filing a claim against the resort’s insurance or the insurance company of the other individual who caused the accident, your attorney will provide legal assistance. If product defect was the culprit, a claim can be filed against that company’s insurance. If the insurance company is not willing to settle or wants to settle for far less than you deserve, a formal lawsuit will be filed.
After gathering all pertinent information, including witness statements, the police report, medical bills, doctor’s statements, resort reports, and more, your attorney will then determine how your state laws apply. With everything combined, your attorney will work tirelessly to ensure you get the most positive outcome possible.