Ski Lift Cases
Over 90% of all lift cases arise while the skier is either loading or unloading and are a consequence of either Skier error or lift operator error rather than a design defect. The liability question is generally settled after balancing the operator's duty to exercise the highest degree of care against the skier/ passenger's duty to pay attention, have the requisite skills to board the lift, and to heed all posted information and instructions. Unloading accidents can be the result of an operator's negligence caused by an inadequate ramp and snow maintenance and/or the failure to stop the lift when an obstacle is present on the onloading ramp or to allow known inexperienced skiers to exit safely.
Ski lifts, in the main, are relatively simple devices with established technology and a high degree of safety. However, given the large number of skiers annually using these lifts it is not surprising that after significant and repetitive cycles, design defects may catch up with the technology. Colorado law provides that ski area operators are obliged to operate their lifts in accord with the highest degree of care commensurate with the safety of the passengers. The issues of liability in ski lift cases, when the injury occurs after loading and before unloading, generally concern who is responsible—for a failure, the ski area operator for poor maintenance or an engineering, design or manufacturing firm for a defect.
Case reports for recent ski lift accident cases:
- Donahue v. Vail Summit Resorts - Lift operator fails to clear fallen snowboarder from unloading ramp
- Bayer v. Crested Butte -Colorado ski lift without restraining bars, Colorado Supreme Court holds that ski area operator owes highest duty of care in the operation of its lifts
- Otálora v. Vail - Lift accident resulting in shoulder injury
