Are Ski Resorts Liable to Guests for Injuries or Death on the Slopes?
Utah is no stranger to winter weather or winter sports. There are over 10 ski resorts in the Beehive State alone. It begs the question: If a resort guest is injured on the slopes while skiing, snowboarding, or tubing, can the resort or slope instructor be held liable? If so, what are limitations on liability, and what if the guests or ski enthusiasts signed a release of liability or waiver? Does this bar the guest from filing a claim? Despite popular belief, releases do not make resorts, hotels or sports arenas immune from civil liability.
What is a Waiver or Release?
Most private venues, sports arenas, outdoor sport resorts, and hotels require skiers and resort guests to sign a liability waiver. In Utah, most ski resorts are able to waive liability for personal injury lawsuits. However, waivers and releases are not iron-clad. A waiver contains provisions and clauses stating that the skier or winter sports enthusiast assumes the risk for any injuries, illness or even death that occurs on resort property. Assumption of the risk means the defendant is not liable to the plaintiff for plaintiff’s injuries sustained from inherently dangerous activities. The waiver might also state that plaintiffs are required to arbitrate any claims against the resort with a chosen arbiter instead of proceeding with litigation.
Exceptions to Liability
In Utah, several cases on the matter have carved out exceptions to a resort’s liability protections. However, Utah 7B-4-403 states that skiing and snowboarding are inherently dangerous winter sports. Therefore, the skier cannot file a claim for damages against a ski resort or ski operator stemming from ski injuries. Notwithstanding, there are a few exceptions to 7B-4-403. Namely, just because one defendant is released from liability to the plaintiff does not mean other defendants are. If a plaintiff was injured due to negligence or intentional tort of another skier, they might bring a claim against the other skier and the ski resort. Utah Code §7B-5-822 (2008). Even if the ski resort survives a claim based on a clause in the liability waiver, the plaintiff can still bring a claim against the other skier as long as the court has jurisdiction over them.
In addition, assumption of the risk is no longer a total bar to recovery for plaintiffs in Utah. Even if the plaintiff signs a waiver of liability or assumption of the risk waiver, if they can establish they sustained injuries due to an open and obvious hazard, malfunctioning ski lift, or other dangerous or hazardous, but preventable condition, they may have a viable claim against the defendant.
Call Rocky Mountain Personal Injury Center Today
If you or a family member were injured on a ski slope or resort in Utah, you need a seasoned litigator on your side. Utah recognizes that the ski and tourism industry is critical to the state’s economy and revenue. Not surprisingly, the state has enacted statutes shielding resorts and operators from liability. However, there are exceptions to the rule and liability is dependent on the unique circumstances of your case. Contact our attorneys at Rocky Mountain Personal Injury Center for a free consultation and thorough review of your options.
