How does an attorney determine liability in a ski accident case?

An attorney can determine liability in a ski accident case by reviewing the facts of the case and evaluating how each party may have contributed to the accident. At the legal level in Hawaii, ski operators generally have obligations to provide a safe skiing environment for guests – and skiing guests have the responsibility to ski with due care and caution. The operator and guest will both bear some liability if it can be shown that either acted negligently or unskillfully and breached their respective responsibilities. In determining liability, the attorney will also consider the statutes of Hawaii that apply to ski operators. For example, ski operators may not be liable for injuries caused by serious weather conditions, unmarked obstacles, unmarked crevices, or undiscovered natural objects. The operator is liable for injuries caused by faulty equipment such as ski boots or bindings, or negligence in maintaining the ski slopes. The attorney may also consider comparative negligence, which is an assessment of each party’s responsibility for the accident. The amount of damages each party should pay is assigned in proportion to the level of fault. In Hawaii, if the plaintiff is found to be more than 50% responsible for the action that caused the injury, they cannot recover damages. Through evaluating the facts and the applicable laws, an attorney can determine who is responsible for the accident and any damages that might be awarded.

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How does an attorney determine liability in a ski accident case?

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