Are ski resorts liable for ski accidents?
In New York, ski resorts may be held liable for a ski accident if it can be proven that the ski resort was negligent and that negligence was the direct cause of the accident and resulting injuries. Generally, ski resorts owe a duty of care to their customers to provide a safe and enjoyable skiing environment. This means that ski resorts must maintain the ski slopes to a reasonable standard and take measures to protect skiers from any known dangerous conditions. For example, a ski resort could be held liable if they fail to properly mark hazardous terrain, or do not take reasonable steps to properly groom, maintain, or inspect the ski lifts. It is important to note that skiers themselves have a duty to take reasonable precautions when skiing, and must exercise reasonable care and prudence for their own safety. This includes following posted warnings and safety advisories, paying attention to their surroundings, and using appropriate safety equipment. If a skier disregards warnings or safety advisories, or fails to take reasonable precautionary steps or engage in reckless behavior, the ski resort may be released from liability in the event of an accident. Ultimately, whether or not ski resorts are liable for a ski accident is a case-by-case determination. In New York, the factors that will be considered in evaluating such a case include the extent of the ski resort’s negligence, the level of care exercised by the skier, and the degree of risks inherent with skiing.
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