Toni Rusnak v. Matt Walker
If uphill skier negligent, then he may be liable for collision
729 N.W.2d (Mich. App 2006)
Facts
While skiing at Boyne Mountain Ski Resort, Matt Walker, the uphill skier, collided with Toni Rusnak, the downhill skier. Defendant Walker contended that under Michigan's Ski Area Safety Act (""SASA"), MCL 408.321 et seq., he could not be held liable because skiers assume the risk of a skier-skier collision. Plaintiff Rusnak claimed that Walker should be liable because the SASA also imposes on each skier a duty "not to act or ski in a manner that may contribute to his or her injury or the injury of any other person."
The Court resolved this contradictory language by striking a balance. It recognized that while skiing, "sometimes accidents happen." However, "if it can be shown that the collision resulted from a violation of the Act [by breaching a prescribed duty], than the violator is to be held liable." Thus, a skier in Michigan assumes the risk of being hit by an uphill skier, but if the uphill skier was negligent, he or she may still be liable.
Future litigation from Michigan will likely clarify the extent to which this case will limit liability of uphill skiers who collide with skiers below. Until then, this case tends to indicate the courts will be willing to entertain the affirmative defense that an uphill skier was skiing in control and at his ability level, despite the fact of a collision.
