I was injured in a ski accident in NY, can I get compensation?

Ski accidents occur every winter season in NY State resulting in injuries and sometimes even deaths. Skiing is a hazardous activity. Most of the time injured skiers are responsible for their injuries. However in some cases, when the ski accident injury is caused by the negligence of others such as resort operators or other skiers acting recklessly, an injured skier might be able to obtain compensation for his or her injuries.

In New York where skiing is a major recreational sport and a major industry, there is a “ski law”: Article 18 – (18-101 – 18-108) SAFETY IN SKIING CODE requires ski facilities to to be proprely maintained and skiers to conduct themselves adequately to minimize the risk of injuries.

To prevent accidents and injuries ski operators have the following duties:

To equip all trail maintenance vehicles with warning implements and devices that should be activated when the vehicle is operating near a trail
To inform skiers about their responsibilities on visible colorful signs
To hold adequate safety training before each season for their employees
To mark man-made obstructions on ski slopes
To maintain in a central location at the ski area an information board that includes
- location of the tramways,
- location of the slope or trail and status of each trail (open or closed)
- location of emergency communications and medical equipment
- condition of each slope
- degree of difficulty of each slope
To inspect each open slope at least twice a day
To develop a written policy on how to handle reckless conduct of skiers
To designate personnel in charge of implementing the above policy
To report any fatality or injury resulting in a fatality that occurred in the ski resort
To post and maintain ski signage in the resort
To post visibly at the entrance of a lift the degree of difficulty of the slopes to which that lift leads to
To make sure that lift towers are padded and safe
To have personal on site that are appropriately trained during ski activities

Skiers also have multiple duties such as

to only ski in authorized areas
to ski at the limit of their ability
to follow the directions of the ski operator
to be familiar with the information posted about the trail
not to cross the uphill track of any surface lift
not to ski on closed slopes
not to leave the scene of an accident resulting in injuries
not to ski in a reckless manner
not to damage or vandalize the resort

If you or a loved one suffered injury in a ski accident in New York that was caused by a violation of the above duties you might be able to sue the resort or a reckless skier for personal injury.