Ski Equipment Cases

Equipment cases generally concern the failure of alpine bindings to release under circumstances in which the injured person would have expected them to have opened and prevented injury. Liability in these cases will hinge on whether the ski bindings were properly set and/or whether the bindings, if set correctly, were functioning properly.

Almost all rental ski equipment is rented after the execution of a "rental agreement" which includes a waiver or release of liability. Depending upon the language of the waiver, it may preclude a claim against the rental shop for defective equipment.

The second issue of liability in these cases concerns whether the fall which injured the person was of the nature and type which exerted forces through the binding which, if set and operating properly, should have opened the binding. A number of injuries exist which are currently not altogether preventable even by properly set and operating bindings.