How is liability determined in a ski accident?

In a ski accident, liability is determined based on the circumstances of the incident. Generally, liability rests with the skier or snowboarder if he or she is determined to have acted recklessly or negligently. In North Carolina, an injured person may seek compensation for injuries, if negligence or wrongful conduct is established. To determine liability, the courts look to the “ski area safety code” which lays out the rules and regulations that ski area owners and operators must follow to ensure the safety of their guests. The safety code requires operators to ensure that the conditions of ski slopes are adequate for the use intended, to maintain proper signage, to groom the slopes regularly, and to post limits of speed and conduct for the safety of all skiers. Ski area operators must also post signs that describe acceptable behavior on the slopes. Operators must also have adequate personnel to oversee operations and respond to emergency situations. Additionally, the standard of care imposed on the ski area operators is that of a “reasonable” person. This means that the liability of a ski area operator must be judged by the actions of a person of reasonable caution in the same situation. If a ski area operator fails to uphold the safety code or act in a reasonable manner, he or she may be found liable for a ski accident. Additionally, if a skier or snowboarder fails to obey the “skier’s code”, he or she can also be held liable. This code of conduct requires skiers and snowboarders to stay in control and be aware of their surroundings, to ski and ride in a safe way, and to not trespass on closed or restricted slopes.

How is liability determined in a ski accident?

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