California Ski Accident Lawyers
- PAY NOTHING UPFRONT
- OVER $0 MILLION RECOVERED
- ZERO-FEES UNTIL WE WIN
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Our California Ski Accident Lawyers Provide Representation Grounded In Experience
Unfortunately, accidents can happen while you’re on a ski trip. That’s why you must always know what to do when disaster strikes. If you’re injured and it’s due to other people’s negligence, you may have the right to pursue compensation. Call the California ski accident lawyers from Arash Law at (888) 488-1391 for a free, no-obligation consultation.
California is not all about sandy beaches, surfboards, flip-flops, and Hollywood stars. It’s also home to many ski and snowboard resorts. While iconic sights like the Golden Gate Bridge and Alcatraz await in San Francisco, a winter escape to the snowy peaks of Northstar or Palisades Tahoe shouldn’t be missed. Beyond the breathtaking winter scenery, these ski areas offer exhilarating thrills as you glide down the slopes.
Nevertheless, make sure to take extra precautions while you’re having fun. Skiing is tough on the body, and it takes place in a naturally high-risk environment. If you get into a ski accident, you may sustain injuries ranging from sprains to fractures. However, if your injury resulted from the negligence of others, you might be eligible to seek compensation. You can reach out to our California ski accident lawyers for guidance or to discuss any questions.
Why Hire Our Lawyers For A Ski Accident In California
If you’re a victim of a ski accident in California, consulting a lawyer can help you understand your options. Skiing may result in devastating injuries due to speed, unexpected terrain variations, and high-altitude weather conditions. Negligence is also a contributing factor, which is grounds for a valid claim.
Here are some reasons to work with our California ski accident lawyers:
- Law Knowledge — Our team is familiar with California laws that may apply to your case, including premises liability, negligence, and related legal principles.
- Investigation & Evidence Gathering — We can review the details of your accident and gather relevant evidence, such as witness statements, camera footage, and expert input, to support your case.
- Insurance Negotiations — We can handle communications and negotiations with ski resorts and insurance providers. That way, you can make an informed decision.
- Court Representation — If negotiations do not lead to a resolution, lawyers can represent you in court and present your case before a judge or jury.
- Focus on Recovery — Working with a ski accident lawyer in California can allow you to focus on your recovery while they manage the legal matters.
$22,000,000.00
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense– BRIAN BEECHER
Frequently Asked Questions About Ski Accident Cases
Ski accidents raise unique legal questions because they often involve multiple parties, from other skiers to resort operators. Below, we answer common questions about liability, insurance, and the legal process in California ski accident cases.
Can You Sue Someone If They Hit You On A Ski Slope?
You may have grounds for a ski lawsuit if you can prove that the offending party is negligent or reckless. Because of the inherent dangers in skiing, not all collisions and incidents are valid for a claim. If you’re interested in finding out whether you can seek compensation for your injuries, consider consulting our ski accident lawyers in California.
Can I File A Ski Accident Lawsuit Against A Skiing Resort?
Yes, if they breached their duty of care. Ski resorts have an obligation to maintain safety for their patrons. They could be responsible for the resulting accident if they were negligent. Here are some situations where they may be liable for damages:
- They didn’t put up hazard markers.
- Their rental shop provided faulty equipment.
- The resort failed to maintain the slopes properly.
How Much Do Ski Accident Lawyers Charge In California?
Can I Still Sue For My Injuries If I’m Partially Responsible For The Ski Accident?
You may still be able to pursue a claim even if you contributed to the ski accident. California follows comparative negligence laws, which consider the degree of fault for all parties involved when determining potential recovery.
Under California law, everyone is responsible not only for intentional actions but also for injuries caused by a lack of ordinary care. The court will determine everyone’s degree of liability based on their contributions to the incident.
Therefore, if you’re found partially liable, the court will reduce your compensation value by the percentage of your fault. Suppose you’re 20% liable. That means you can still recover 80% of the awarded damages.
What Are Common Causes Of Ski Accidents In California?
Ski accidents can result from a combination of equipment issues, human error, and environmental conditions. That’s why skiing requires careful preparation and constant alertness.
Lack Of Proper Equipment
Skiing requires specialized equipment to ensure optimal safety and performance. However, using outdated, damaged, or ill-fitting gear can lead to accidents. Using accessories and peripherals designed for other sports can also be dangerous.
Skiers should not forget to wear their equipment, as this can quickly become a costly mistake. The risks of brain injuries are higher in an accident without a helmet.
An encouraging fact is that helmet use is on the rise, according to the National Ski Areas Association (NSAA). During the 2023 to 2024 ski season, around 90% of all skiers and snowboarders wore helmets. However, this still leaves 10% of ski enthusiasts vulnerable to accidents.
When skiing, ensure you have complete gear for the best protection. Bring your own or find a reliable rental shop with high-quality equipment. If you’re in South Lake Tahoe, for example, you can consider Heavenly Sport or Sports LTD.
Poor Gear Maintenance
It’s important to tune your skis every four to seven days or so. This step is a crucial part of maintenance that shouldn’t be limited to once a season. If you ski regularly, the changing ground conditions can cause imperfections on the ski surface. As they add up, they can prevent your equipment from performing correctly, resulting in an accident.
Lack Of Physical Preparation
Skiing is all about knee movement, which relies on the combined efforts of the trunk and leg muscles. You must train these areas so they can support the types of maneuvers you do on the slopes. Without proper physical preparation, there are risks of overexertion and, consequently, bodily injuries.
Additionally, skiers must warm up before hitting the slopes. Skiing is a fun sport, but it can still be quite strenuous on the body. A proper warm-up helps ensure the muscles and joints are ready for physical activity, preventing accidents.
Muscle Fatigue
Your muscles are your stabilizers while your knee bends and straightens. When fatigue sets in, they can’t do their jobs properly. According to Dr. Travis Moak, a sports medicine expert, the ligaments take the brunt of the damage when the muscles are tired. This leads to injuries like a torn ACL. If they fall on the slope, they can also cause a chain of reactions involving other skiers.
Skiing While Inebriated
Doing any physical activity under the influence of alcohol or drugs is dangerous. These substances can significantly affect coordination, judgment, and reaction times. Such issues can snowball into inherently risky places like ski slopes. For instance, impaired skiers may collide with other people or fail to respond quickly to an obstacle.
Ignoring Warning Signs
Ski slopes have a lot of signage and markers informing patrons of the following:
- Trail difficulty levels.
- Potential hazards, like rocks, trees, and steep drop-offs.
- Slow zones for areas with congestion or beginners.
- Boundaries of the ski area.
- Closed trails.
- Information for ski patrols or emergency services.
All of these signs are for everyone’s safety on the slopes. Ignoring them seldom ends well and can result in a personal injury accident. It may even involve other skiers who are innocently having fun.
Ski Resort Negligence
Ski areas require thorough preparation to make the slopes safe for visitors. Resorts have a duty to keep their patrons secure. Accidents may happen if they are negligent in these ways:
- Improperly marked trails.
- Signs with low visibility.
- Ski resort instructors teach unsafe techniques.
- Defective rental equipment.
- Failure to clear obstructions on the slope.
Ski resorts may be responsible under premises liability if they do not take reasonable steps to maintain a safe environment for skiers and snowboarders.
Avalanches
Snowy mountain areas always carry some risk of avalanches. Several factors may trigger this natural phenomenon, such as:
- Terrain characteristics
- Weather conditions
- Human activity
Avalanches aren’t much of a concern in ski areas due to mitigation practices. However, it’s not entirely out of the realm of possibilities.
Most Common Injuries Sustained In Ski Accidents
Skiing and other winter sports can pose higher risks for fatalities and injuries. Some of the most common injuries in California ski accidents include:
- Knee Injuries — In a 2023 study, around 31.2% of skiers observed had an injury in the knee region. This area is the most frequently injured part of the body, likely because it plays a crucial role in executing maneuvers while skiing.
- Soft Tissue Damage — Some of the most common skiing injuries are rotator cuff strains and ligament tears. These often result from falls or collisions on the slopes.
- Head Trauma — Collisions with other skiers, trees, or lift equipment, as well as falls on slopes, can cause injuries to the head and neck. Examples are whiplash, concussions, and traumatic brain injuries.
- Back Issues — Severe falls or crashes while skiing can result in herniated discs or spinal cord injuries. Victims may experience long-term consequences like paralysis, reduced mobility, and loss of sensation.
- Orthopedic Injuries — Ski and snowboarding accidents may result in fractures and dislocations. Commonly affected areas include the wrists, shoulders, legs, and ankles.
- Internal Injuries — Blunt force trauma from impacts or falls can cause organ damage or internal bleeding.
- Frostbite and Hypothermia — Ski areas have extremely low temperatures. At Mammoth Mountain, for example, the average temperatures during the skiing season can range from around -8 °C to 10 °C. Skiers not adequately dressed for the cold can get frostbite, hypothermia, or other related injuries.
If the negligence of others causes an injury, you may have a valid claim for compensation. Speak with California ski accident lawyers to know if you have a case.
Applicable California Laws & Rules For Skiers And Snowboarders
If you have a ski accident case in California, our lawyers can discuss all applicable laws, rules, and regulations. Nevertheless, here are some important ones to know:
Don’t Enter Closed Areas
Resorts can close some parts within their permit area for various reasons, such as hazardous terrain, grooming operations, or the high risk of an avalanche. If you ski in a closed area with signs indicating its closure, that’s trespassing.
A closed area may also refer to private property outside the resort’s boundaries. It goes without saying that you shouldn’t enter these parts. The landowner can pursue a trespassing case against you if you do.
There are no laws regarding public properties outside the resort’s boundaries. However, skiing in these areas poses high risks, and you may bear sole responsibility for any consequences.
Avoid Collisions With Other People And Stay On The Scene
You have a responsibility to ski safely and avoid collisions whenever possible. Even with caution, accidents can still occur, sometimes with or without negligence. If you’re involved in a skiing accident, you must remain at the scene and follow the required legal procedures.
Know Your Responsibilities On The Slope
There’s a set of guidelines that skiers and snowboarders must follow to ensure everyone’s safety, but the NSAA’s Your Responsibility Code may not be the law. Still, it’s a universally accepted code of conduct on the slopes. Some key points are:
- You must avoid objects or people on the hill.
- Yield right-of-way to people going down the slope.
- Read and follow all signs and markings.
- Don’t use the lift when under the influence of alcohol or drugs.
It’s your responsibility as a skier to know these safety codes by heart. If everyone on the slope practices these behaviors, we can see reduced rates of skiing injuries and fatalities.
Who Is Responsible For Ski Accidents In California?
California follows a legal concept called “assumption of risk.” When you go skiing, you accept the inherent dangers of the sport. Regardless, you may still sustain an injury due to the negligence of others. In this case, you may be eligible for compensation from the liable parties. They could be any of the following.
- Ski Resorts — These businesses must maintain properly groomed slopes, functioning equipment, well-trained staff, and adequate signage. If an accident occurs because the resort failed to fulfill its responsibilities, it can be held liable.
- Ski Resort Staff — An employee may be partly at fault if their actions contribute to a patron’s injury. For instance, a chairlift operator might fail to guide a beginner properly.
- Ski Instructors or Guides — Skiers, especially beginners, rely primarily on proper instruction to embark on the slopes and learn new skills safely. If they get into an accident due to negligent guidance, the instructor can be held responsible.
- Rental Shops — Proper equipment is a crucial factor in the skier’s safety; ski accidents regularly occur because of defective gear. If a rental shop provided them, they’re on the hook for the person’s injuries.
- Other Skiers — Another person on the slope might engage in reckless behavior, leading to an accident. They may disregard safety rules and collide with another skier.
- Third Parties — Liability can also fall on other entities, including the maintenance contractor or event organizers, if their negligence contributed to the incident.
If you sustain an injury in a ski accident in California, consulting a lawyer can help you understand your options. They can review the circumstances and identify any parties that may be responsible for your injuries.
Types Of Recoverable Damages For Injured Skiers
Skiers injured due to someone else’s negligence may be able to pursue compensation. Our California lawyers can help assess potential economic and non-economic damages.
Economic Damages
Economic damages are quantifiable losses. We can prove them by presenting bills, receipts, and invoices for past and future expenses related to your injury. Our team will also consider the amount of money you’ll lose as a result. Here are some examples:
- Medical bills for treating your ski injuries, including hospitalization, rehabilitation, and therapy.
- Medications and medical equipment.
- Lost wages due to the inability to work.
- Lost future earning capacity because of a resulting long-term impairment or disability.
- Repair or replacement of damaged property, like ski equipment and clothing.
- Additional household expenses for accommodating the injury, like modifications and hiring help.
Non-Economic Damages
Non-economic damages are intangible and can be harder to quantify in a claim. Our California ski accident lawyers may help estimate a monetary value to reflect the impact of these damages on your life. These may include compensation for:
- Physical pain and general suffering due to the injury.
- Emotional trauma from the accident.
- Mental anguish, anxiety, and depression.
- The negative impact on the victim’s relationships with family members.
You can consult with a California lawyer handling ski accident cases to understand the types of compensation that could apply. The options available can vary depending on the specifics of your case.
What To Do After A Ski Accident In California
Here are steps to consider taking for your safety and to preserve important information related to your potential ski accident claim:
- Keep calm and assess your condition. If you are with others, check them for any injuries as well.
- If you’re able, move to a safe area and away from oncoming skiers or accidents.
- Notify the ski patrol or any of the resort staff as soon as possible. You can usually identify ski patrol members by their bright jackets. If outside ski hours, call 911.
- Wait for help to arrive. Make sure you submit to a medical evaluation so you can get properly assessed. Remember, some injuries aren’t initially apparent. You need a professional’s opinion on your current state, allowing you to receive the proper care in the future. Doing this also provides the documentation you need for a claim.
- Take photos and videos of your surroundings. Include any hazardous conditions on the slope, your injuries, other people involved, and property damage.
- Exchange information with other people on the scene, including witnesses. Ask for their contact information and insurance details.
- Don’t say anything without the presence of your lawyer, even to the ski resort and its staff. Being silent is better for you, as anything you say can be used against your claim.
- Report the accident to your insurance provider. Provide accurate details about the accident, but don’t give more than the basic facts.
- Consult with a skilled California ski accident lawyer. They can guide you through the legal process and help you pursue compensation available under California law.
When Should I Hire Ski Accident Lawyers In California?
It can be helpful to consult with a lawyer soon after a ski accident in California. Early guidance may assist in preserving important information for your potential claim. Delays can sometimes affect the collection of evidence or documentation needed for a case, including:
- Time-sensitive evidence may be lost.
- Witness accounts may become harder to verify.
- Key details about the accident scene may be unavailable.
If you have been injured in a ski accident, speaking with a lawyer can help you understand your legal options and the steps you may consider taking next.
Statute Of Limitations In California For Ski Injury Claims
Another reason to seek legal guidance promptly is that there is generally a two-year deadline for filing a personal injury lawsuit in California. This timeframe is established by the California Code of Civil Procedure Section 335.1. In general, the two-year statute of limitations is from the date of injury or discovery. Your claim can be forfeited if you don’t file within the allowable period.
However, there are exceptions and variations depending on the specific circumstances of your case. For example:
- Medical malpractice and property damage claims have a deadline of three years.
- If the plaintiff is a minor, the statute of limitations will run after they turn 18.
- The deadline is paused while the defendant is in prison, out of state, or mentally insane.
Unsure which deadlines or exceptions apply to your case? Consult with our ski accident lawyers in California. Our team will answer all your questions and concerns.
The Dangers Of Skiing And Snowboarding
Winter sports have become increasingly popular worldwide. In the U.S., roughly 9.8% of the population (about 30 million people) participated in winter sports during the 2022–2023 season, with skiing and snowboarding accounting for most activities (Sportsmed.org).
Participation numbers:
- Skiing — Over 15 million people.
- Snowboarding — Around 8 million people.
While injury rates are relatively low, the large number of participants means that injuries still occur:
- Skiing — 1.23 injuries per 100,000 participants.
- Snowboarding — 1.22 injuries per 100,000 participants.
A review of injuries from 2009 to 2018 found approximately 156,353 injuries related to skiing, snowboarding, or snowmobiling. The most common injury locations were the shoulder and wrist, and only about 4.5% of injuries required hospital admission. Factors linked to a higher likelihood of hospitalization included fractures or dislocations and snowmobiling injuries.
Being aware of these trends can help winter sports participants take precautions on the slopes and seek timely medical attention if injuries occur.
Consult With California Ski Accident Attorneys For A Free Case Review
The dangers of the slopes demand experienced ski accident lawyers who understand the nuances of these cases and California laws. An incident can be challenging to navigate because of this activity’s assumed risks. Skiing resorts or other responsible parties may deny liability on these grounds.
However, our seasoned attorneys have experience handling cases involving negligence and can guide clients through the process of pursuing potential compensation for their injuries. Contact Arash Law at (888) 488-1391 for a free initial consultation. Our main office is in Los Angeles, and we serve clients throughout California, including areas such as San Diego, San Francisco, San Jose, Fresno, Oakland, Riverside, Kern County, Orange County, and Stanislaus County.
