In order to enter a personal injury claim, the victim of such a mishap would have to show that someone had been negligent. Hence, a complete answer to the question in the title cannot be put together until the different situations that lead to a skiing or snowboarding accident have been analyzed.
Types of accidents that might cause harm to a skier or snowboarder
A collision of two skiers or snowboarders could cause harm to one or both of them. If a mountain path had clear signs, regarding who should go where, and if one of the two colliding parties had ignored some sign, that that same person might be charged with negligence. If that charge were made, the negligent party could sue the person that had ignored one or more signs.
A different sort of collision would have a skier or snowboarder running into a tree or a man-made object, such as a barrier. Obviously, a tree or a barrier could not be charged with negligence. The victim of an accident that does not involve a second person would find it difficult to sue anybody. The same victim might be able to sue the facility that seems to have failed to create a safe place for the enjoyment of mountain sports.
Chair lift accidents do occur. The victim of such an accident would probably need to prove that the lift had been defective, in order to win a lawsuit. Of course, an entire facility might be sued, if the staff members did a poor job of directing the customers that had chosen to use a particular lift.
Poor instruction might aid creation of a situation that caused an accident to take place. For instance, an instructor could take a student to a hill that offered too great of a challenge. A well-trained instructor should have a good sense for what types of terrain a given student can handle.
The failure of some piece of skiing or snowboarding equipment might cause an accident. If the victim of such an accident suspects that it has been caused by some equipment, then the maker of that piece of equipment could be sued.
Understand that any victim’s ability to sue a person, a manufacturer or a recreational facility does not guarantee the winning of such a lawsuit. That is especially true if the person that has launched the lawsuit got injured while skiing or snowboarding. Thus, it is hard to win such a case. However, discussing it with a personal injury lawyer in Burlington won’t harm.
The defense attorney could stress the fact that anyone that engages in such a mountain sport has accepted the inherent risk in such an activity. Due to the sports’ risky nature, suing for some mishap poses quite a challenge.
