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If another skier or snowboarder crashed into you, Utah law treats the resort and the other person differently. Collisions with other skiers are listed as an inherent risk of skiing when the claim is against the ski area operator. A claim against the person who hit you is a separate question that depends on how they were skiing.
Call (801) 255-2102By Nuttall Brown & Coutts
Possibly. Utah's ski law protects ski area operators from claims for collisions, but it does not protect the skier or snowboarder who caused the crash. If that person was careless, for example skiing too fast or not watching downhill, they may be responsible. Identifying them and their insurance is often the hardest part.
Utah's Inherent Risks of Skiing Act lists "collisions with other skiers" among the dangers that are part of the sport. The Act says a skier may not make a claim against a ski area operator for an injury caused by an inherent risk. In plain terms, a resort is generally not responsible just because two people collided on its slopes.
That does not end the conversation. The Act is about claims against the ski area operator. It does not say that the skier or rider who caused a crash is protected from responsibility for careless conduct.
Under ordinary negligence law, skiers must use reasonable care, such as staying in control and watching where they are going. A person who comes down a run too fast for the conditions, cuts across a slope without looking, or skis recklessly through a crowded area may be responsible for the harm they cause. Whether that is true in your case depends on the facts: where you were, who was above whom, how fast each of you was moving, visibility, signs, and what witnesses saw.
Many collision cases come down to two questions. Can the other person be identified? And is there insurance that could pay a claim? Some people stop and exchange information. Others leave. Some homeowner's or renter's policies cover a person's liability away from home, including on vacation. A lawyer may help you find out whether coverage exists.
Some skiers who cause collisions leave without stopping. If someone hit you and kept going, report it to ski patrol right away and give the best description you can: clothing, helmet color, equipment and which way they went. Ask anyone nearby for their name and number. Some resorts have cameras near lifts and lodges, and lift ticket scans may help, but that information may not be kept for long. A lawyer can ask the resort to preserve records, though there is no guarantee anything will be found.
Some crashes involve a resort employee, an instructor with a class, or a resort vehicle such as a snowmobile. Those cases raise different questions, because the Act's definition of a ski area operator includes its employees and agents. How the law applies to a crash with an employee on duty depends on the facts and on what Utah courts have said. We look at these case by case and do not assume either way.
Utah uses comparative fault in many injury cases, which means fault can be split between people. If you were partly at fault, it may reduce what you can recover. Insurers often argue that the injured person was out of control. Being partly at fault does not always end a claim, but it can reduce it. Witness statements and patrol reports made at the time often matter more than anything said later.
Snowboarders face the same collision rules; see snowboarding injuries. For more on the law, see Utah ski law.
As to the resort, a collision with another skier is generally an inherent risk; the skier who hit you is a separate question. Whether something else was involved depends on the facts. A lawyer can review them with you.
Questions after a ski or resort injury?
Hurt at a Utah ski area, or caring for someone who was? Tell us what happened and ask for a free review. You decide what happens next.
