How is liability determined in a ski accident?

Liability in a ski accident is determined after considering multiple factors associated with the incident. Generally, the injured party must demonstrate that a duty of care was breached by the responsible party. For example, a ski resort’s negligence in maintaining the ski slopes could result in an injury to a skier. Similarly, reckless behavior on the slopes by a fellow skier could also cause an accident and result in liability. In Wisconsin, the state’s ski statutes outline the duties of both skiers and ski resorts. Generally, ski resorts must maintain the slopes in a reasonably safe condition for skiers and must post any known hazards to the area. Skiers, on the other hand, are required to maintain control of their speed and ability and must ski within the bounds of their own capabilities. However, if an injury is caused by an inherent risk in skiing, the injured party may not be able to hold the responsible party liable. (In Wisconsin, this is called the “inherent risks of skiing” doctrine.) The doctrine states that skiers assume the risks of skiing and that ski resorts can’t be held liable for risks that are “essential characteristics” of the activity of skiing, such as changing weather conditions, moguls, or ice patches. Ultimately, liability in a ski accident is determined on a case-by-case basis by considering the circumstances of the incident. By considering the duties owed by both the skier and the ski resort, an examination of the actions of both parties, and the application of state statutes and the “inherent risks of skiing” doctrine, a court or an insurance company can determine who is liable for a ski accident.

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