Durango Ski Accident Lawyer

Skiing and snowboarding are part of life in Southwest Colorado. But when a day on the mountain ends in a serious injury, determining whether someone may be legally responsible can be complicated.

Colorado has laws specifically addressing skiing, ski-area operations, and the risks participants assume when they take part in the sport.

At Brasure Law Firm, our Durango ski accident lawyers help injured skiers, snowboarders, and families understand whether the circumstances surrounding a serious accident may give rise to a legal claim.

Skiing Near Durango

Located in the San Juan Mountains north of Durango, Purgatory Resort is one of Southwest Colorado’s major skiing destinations and attracts local residents and visitors to the region.

The mountains surrounding Durango also draw people for snowboarding and other winter recreation.

With those activities comes the possibility of serious injuries.

Not Every Skiing Injury Creates a Lawsuit

Colorado law recognizes that skiing and snowboarding involve inherent risks.

That distinction is extremely important.

Simply being injured while skiing does not automatically mean that another person or a ski area is legally responsible.

Colorado’s Ski Safety Act addresses responsibilities and risks associated with skiing, making ski injury cases different from ordinary premises-liability or personal-injury claims.

The question is often not simply:

“Were you injured?”

It is:

“How did the injury occur, and does Colorado law allow a claim under those circumstances?”

That requires looking closely at the facts.

When Should a Ski Accident Be Investigated?

Serious skiing and snowboarding injuries can involve circumstances such as:

• Collisions between skiers or snowboarders
• Reckless or unsafe conduct by another person
• Lift-related incidents
• Equipment-related incidents
• Collisions involving vehicles or equipment
• Accidents involving potentially negligent conduct by third parties
• Other circumstances in which an injury may not be attributable solely to an inherent risk of skiing

Whether legal responsibility exists depends on the specific facts and Colorado law.

Skier and Snowboarder Collisions

Collisions between people on the mountain can cause devastating injuries.

Questions may include:

• Who was uphill?
• Who had the right of way?
• Was someone skiing or riding recklessly?
• Were witnesses present?
• Is video available?
• Did ski patrol document the collision?
• Were the people involved identified?

Purgatory’s own safety rules instruct guests to remain in control, avoid people downhill, look uphill before entering a trail, and exchange information following a collision.

If you are seriously injured in a collision, preserving information about the other skier or rider and witnesses can be extremely important.

What Should I Do After a Skiing Accident?

Your health comes first. Obtain appropriate medical treatment.

When circumstances permit:

1. Report the accident to ski patrol or appropriate personnel.
2. Obtain the other person’s contact information if another skier or snowboarder was involved.
3. Identify witnesses.
4. Photograph the location and surrounding conditions when safely possible.
5. Preserve lift tickets, passes, receipts, photographs, video, and other relevant information.
6. Keep medical records and accident reports.
7. Avoid making assumptions about whether you have a legal claim.
8. Speak with an attorney familiar with Colorado law if the injury is serious.

Serious Skiing and Snowboarding Injuries

Mountain accidents can result in:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Knee and ligament injuries
• Internal injuries
• Permanent impairment
• Paralysis
• Fatal injuries

When an injury is catastrophic, determining responsibility and potential compensation can have long-term consequences for the injured person and family.

What About Waivers and Releases?

Ski resorts, rental businesses, lessons, recreational providers, and other businesses may use waivers or liability releases.

Do not assume that signing a document automatically answers every legal question surrounding an accident.

The language of the agreement, the circumstances of the accident, Colorado law, and the parties involved may all need to be considered.

An attorney can review the documents and circumstances before determining whether a viable claim may exist.

Injured While Visiting Durango?

Many people skiing in Southwest Colorado are visitors.

If you live in another state but were seriously injured while skiing or snowboarding near Durango, the location of the accident can affect which laws apply and where a potential claim may be handled.

Brasure Law Firm’s Durango office can evaluate the circumstances and help you understand your options.

Frequently Asked Questions

Can I sue another skier who hit me?

Potential claims involving collisions between skiers or snowboarders depend on the facts and Colorado law. A serious collision should be evaluated individually rather than assuming that all skiing injuries are simply an assumed risk.

Can I sue a ski resort after an accident?

Colorado law provides significant protections relating to inherent risks associated with skiing, and ski areas may also use liability agreements. However, the legal analysis depends on exactly how the accident happened. An attorney should evaluate the specific circumstances before determining whether a viable claim exists.

What if I signed a waiver?

Signing a waiver does not mean you should assume that you have no legal options. An attorney can review the document and circumstances of the accident.

What if another skier left the scene?

Report the collision immediately when possible. Ski patrol reports, witnesses, video, pass information, and other evidence may potentially help identify the person involved.

Does this include snowboard accidents?

Yes. Serious incidents involving snowboarders can raise many of the same legal issues surrounding collisions, responsibility, and Colorado ski law.

Talk With a Durango Ski Accident Lawyer

Colorado ski injury cases involve a specialized area of law. Before assuming that your injury was simply “part of skiing” — or assuming that someone else is automatically responsible — find out how Colorado law applies to what actually happened.

Brasure Law Firm represents seriously injured individuals in Durango and throughout Southwest Colorado.

Contact our Durango office to discuss your skiing or snowboarding accident.