Are ski resort operators liable for avalanche-related injuries?

In New York, ski resort operators may be held liable for avalanche-related injuries under certain circumstances. By law, ski resort operators owe a duty of care to their customers. This duty encompasses the responsibility to take reasonable steps to protect skiiers from foreseeable risks. If an avalanche is foreseeable, ski resort operators must take reasonable steps to inform their customers of the potential danger and provide them with warnings. Additionally, ski resort operators may be liable if they are accused of failing to take adequate steps to protect their customers from avalanches. This could include failing to alert customers of the risk, failing to close down a slope when necessary, or failing to provide appropriate avalanche safety equipment. If ski resort operators have acted reasonably and taken all reasonable steps to protect their customers, they may still be held liable for negligent entrustment if they fail to inspect and maintain avalanche safety equipment and/or equipment used to control avalanches. Ski resort operators may also be held liable if their employees or personnel do not have appropriate training to provide safe instruction to their customers. Ultimately, whether a ski resort operator can be held liable for an avalanche-related injury will depend on the specific facts of the case and the legal standards applicable in the jurisdiction.

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