Can I Get Sued if I Accidentally Snow Ski into Someone and Hurt Em?
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This would be at a skiing resort.
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08/27/2010 at 12:28 am
Yes, someone can sue you for that. The question is: What are their chances of winning? They would have to show clear negligence on your part in order to win. If you were recklessly hot-dogging down the mountain and taking unnecessary risks they may have a case, but if it was a simple situation where you were skiing responsibly and lost control, chances are the lawsuit wouldn’t fly. There is a certain assumption of risk with skiing, so the other person would have to prove to a judge that you were doing something way out of line in order to win a judgment.
08/27/2010 at 12:28 am
You said accidentally… how could you help it
Wouldnt the resort have insurance the person hurt could go through them?
08/27/2010 at 12:28 am
First, as a practical matter, you can be sued for anything pretty much. The real question is whether or not they would be successful in suing you.
Whether you can be held liable under your question depends on whether you were being negligent when this accident occurred. Skiing is an inherently dangerous sport; that’s why there’s that big disclaimer on the back of ski passes and day tickets.
If the accident occurred through no active fault of your own (ie, you were not skiing fast and out of control, or jumping a cat track or something), then it is unlikely that the person would prevail. By participating in skiing, they are essentially waiving any claims they might have for injuries resulting from unforeseeable and unintended accidents.
Now, if you were doing something you shouldn’t have been doing and were out of control, AND they can prove that, then you’re going to be held liable for the injury you caused.
08/27/2010 at 12:28 am
You can be sued, but the chance of that going to court is nil. And even if it did make it, you’d still win. Only in a case where you deliberately did something reckless that caused you to plow into somebody. For instance, you came flying down the mountain at top speed and you had been drinking. You ran smack into somebody in which witnesses said that you didn’t even try to slow down or avoid the collision. Then I’d say the prosecution would have a case against you. But something that was an accident, forget about it. Thats life.
08/27/2010 at 12:28 am
Down hill skiier always has the right a way.. so probably
08/27/2010 at 12:28 am
it may also depend on your local laws. At my home resort it is absolutely a winnable case for the injured party because of local laws as well as the disclaimer on the ticket. Accident or not, someone got hurt and some one needs to be held accountable. If the resorts insurance were to cover these"little accidents" think of what your already escalated lift ticket would cost.
08/27/2010 at 12:28 am
Yes you could be sued. If it is an accident and you were not using due caution, they might have a case. If you stop and render aid, it is not likely to happen. You should carry personal liability insurance for such a scenario. If you did it intentionally, it is called battery, by law in Washington, you must stop and identify yourself and render assistance.
It is a case where you need to be under control and use due caution.
08/27/2010 at 12:28 am
The downhill skier/boarder ALWAYS has the right of way, so if you hit them it is your fault. also you should always ski in control, and within you ability level… but if you are sincere and apologize most people are understanding… best of luck