Ski Fall Cases

Ski fall cases result when an improperly designed, maintained, marked or groom slope resulting in skiers or snowboarders falling. The skier's ability to bring a claim for a ski fall accident is determined by the state law of the ski area. For a survey of U.S.ski law, visit www.skilaw.com .

Prior to July 1, 1990, Colorado ski area operators were obliged not only to operate their ski areas in compliance with the specific requirements of the Ski Safety Statute (regarding the marking of slopes, the padding and marking of man made objects, and posting of specific warnings) but also to exercise a reasonable duty of care in the design, maintenance and operation of their slopes. The 1989-90 General Assembly passed amendments to the Ski Safety Act. These amendments provided that no skier could recover for injuries resulting from the inherent dangers of skiing; and, limiting damages recoverable from a ski area operator for cases except for lift accidents. In 1995, the Colorado Supreme Court interpreted these amendments in Graven v. Vail Associates, Inc. 909 P. 2d 514 (Colo. 1995) the Colorado Supreme Court adopted a narrow construction of the inherent danger provisions of the Colorado Ski Act. C.R.S. §33-44-101 et seq. This precedent will allow some skiers, who are injured while skiing, to advance a claim for injuries against a ski area operator if the injury results not from a ski area operator's breach of a specific duty set out in the Ski Act, but, rather from a danger or risk which is found to be not "integral" to the sport. Followed: Dovey et al v. Victoria Breckenridge et al., 95 CV 1153, District Court, City and County of Denver, State of Colorado (Order denying Motion to Dismiss, 1/3/96).

Case Reports of Ski Collision Cases

• Hoar v. Great Eastern Resort Management, Inc.

  $6.2 million verdict reinstated by the Virginia Supreme Court.

• Hoar v. Great Eastern Resort Management, Inc. Case Report

  Record verdict reinstated, expert testimony not necessary in common sense case.

Amicus Ski Cases

• Graven v. Vail

  Colorado narrows construction of the inherent danger rule. Review by Jim Chalat, published in 45 Trial Talk 10-15 (Colorado Trial Lawyers Assn., April 1996 )