Written By: Chris Dolan and Jeremy Jessup
Ski resorts in California are a popular destination for winter sports enthusiasts. With the increasing popularity of skiing and snowboarding, the legal liabilities of ski resorts in California have become a significant concern for resort operators and visitors alike. However, there are a few ways that a ski resort liability in California can avoid liabilities due to skiing accident attorney California cases.
Negligence
The most basic claim against ski resorts is an injury caused by their negligence. Negligence at ski resorts is the most common legal theory under which California ski resort accident lawyer cases arise. Negligence at ski resorts occurs when a ski resort fails to exercise reasonable care, resulting in ski injury legal help claims. In California, ski resort liability in California includes a duty of care to skiers who use their facilities. This duty requires ski resort liability in California to maintain their premises in a reasonably safe condition, inspect it for hazards, warn skiers of potential risks, and take reasonable steps to prevent accidents. If a California ski resort accident lawyer finds a breach in this duty and a skier injures themselves due to negligence at ski resorts, the resort may be held liable for damages.
A liability waiver is a legal document that releases the ski resort from liability for injuries sustained by skiers. However, to avoid lawsuits against ski resorts under a negligence at ski resorts claim, most California ski resort accident lawyer cases require skiers to waive their rights to assert a claim. This waiver process usually occurs when you purchase your lift ticket. In California, liability waivers are generally enforceable, provided they are clear, conspicuous and specific. Liability waivers are not absolute protections for ski resorts. If a skier injures themselves due to the gross negligence at ski resorts, a liability waiver may not be enforceable, and the resort may still be held liable for damages.
Gross Negligence
Gross Negligence at ski resorts is a legal rights for injured skiers concept that applies in California and other states to hold individuals or organizations liable for their extreme or reckless conduct that leads to harm or injury to others. Under California law, gross negligence at ski resorts is a higher degree of negligence than ordinary negligence, which is a failure to exercise reasonable care. Under California law, gross negligence at ski resorts is “the want of even care of an extreme departure from the ordinary standard of conduct”. This means that a ski resort’s conduct must be significantly more egregious than mere negligence at ski resorts to be considered gross negligence at ski resorts. A finding of gross negligence at ski resorts can have significant lawsuits against ski resorts consequences.
It is important to note that the standard for proving gross negligence at ski resorts is high, and not all reckless or dangerous conduct will rise to the level of gross negligence at ski resorts.
Assumption of the Risk
California courts have long held that skiing is an inherently dangerous activity. By purchasing a lift ticket and skiing at a resort, a rider impliedly and expressly assumes the risks of the sport. Assumption of risk at ski resorts is another legal rights for injured skiers theory that limits lawsuits against ski resorts. In California, riders assume the inherent risks of skiing and snowboarding injury claims, such as falling, colliding with other skiers and encountering natural hazards like rocks and trees. However, ski resort liability in California can still be held responsible for all injuries sustained by skiers. If a skier is injured due to a hazard that is not inherent to the sport of skiing or due to the gross negligence at ski resorts, the resort may be held liable despite the skier’s assumption of risk at ski resorts.
Assumption of risk at ski resorts by the skier or rider does not absolve ski resort liability in California from responsibility; ski resort liability in California may be held liable where they create or increase the risk of unsafe, atypical conditions (i.e., gross negligence at ski resorts). In addition, California ski resort accident lawyer cases must also comply with state and federal laws governing the operation of ski resort liability in California. For example, ski resort liability in California must maintain safe skiing conditions, post warning signs and develop and implement safety plans. Additionally, ski resort liability in California must comply with the Americans with Disabilities Act (ADA), which requires that ski resort liability in California make reasonable accommodations for individuals with disabilities.
In addition to the lawsuits against ski resorts discussed above, ski resort liability in California may also face ski lift accident liability for accidents involving ski lifts and other equipment. Resorts must inspect and maintain their ski lift accident liability standards to ensure safety. They may be held liable for injuries sustained by skiers due to a malfunctioning or poorly maintained ski lift accident liability. Ski resort liability in California must also ensure that the equipment they rent, such as skis and snowboards, are safe for use by skiers.
To limit their ski resort liability in California, ski lift accident liability and snowboarding injury claims, resorts should take steps to ensure they maintain their facilities in a reasonably safe condition. They should train their employees to operate ski lift accident liability equipment properly and adequately inspect and maintain them. Also, they should take steps such as identifying and addressing hazards, posting warning signs and developing and implementing safety plans.
