Most people aren’t aware of this, but if you were injured while skiing or snowboarding on the slopes, you may have a personal injury claim against another skier or snowboarder.
There are certain inherent risks involved in recreational winter sports. But sometimes, injuries are not caused by the everyday risks and dangers of participating in winter sports and instead are caused by someone else’s actions.
If another skier or snowboarder was negligent or careless, and you were injured due to their behavior, you may have a personal injury claim against that individual. I love to ski and I can’t tell you how many times I have seen reckless skiers and boarders collide into other innocent skiers and boarders.
It seems like an odd combination, doesn’t it? The common thread, however, is this: possible compensation for your injuries.
Suppose another skier or snowboarder injured you on the slopes due to their careless behavior. In that case, you might be able to sue them to receive compensation to cover your medical bills, recovery, time lost from work, and more.
Home insurance policies become relevant when you file an injury lawsuit against another skier or snowboarder. Even though you are suing the person themself, if the claim is successful, the home insurance company will step in to provide the individual with a lawyer to defend the claim.
More importantly, if you were injured due to a careless skier or snowboarder, their home insurance company would also provide the money they owe you from either a settlement or verdict. This means that the compensation you’re owed for your injuries will be provided by the home insurance company, not the individual who injured you.
Ski and snowboard injuries can vary. More severe injuries can include paralysis, broken necks or backs, and concussions. Other significant injuries can include broken bones, a need for stitches, sprains, or other soft tissue injuries.
Let’s say a minor causes you injuries on the slopes, will his or her parents’ home insurance company cover this type of situation? Yes it will. The good news is that home insurance policy coverages don’t only apply to the homeowner or policyholder but also to minor children who live in the house. So, you can still be compensated for your injuries on the slopes even if a minor or another household member hurt you.
Home insurance will step in to provide an attorney and money for a personal injury settlement for any household member of a home insurance policyholder. This includes minor children, adult children, or other family members or individuals who live with the homeowner.
If you were injured by another skier, snowboarder, or someone engaged in a recreational winter sport, the most important thing to do is get the person’s name and contact information.
Getting the person’s name and contact information is important so that you can file an injury claim against the individual. If the at fault skier remains anonymous, you’ll never be able to discover if homeowner insurance is available.
Once you have the individual’s name and information, the next best step is getting any medical attention you need as soon as possible.
There is a lot to juggle after being injured in an accident - medical care, medical bills, possible time off work, rehab care, and much more. After you’ve received any immediately necessary medical care, we recommend reaching out to a Massachusetts injury attorney. An injury attorney will not only be able to inform you of all of your rights after an accident, but they will also be able to eliminate the stress of managing your claim so you can focus on getting better.
Yes, you can sometimes sue a ski resort in Massachusetts. The most common issue, however, is whether your claim will be successful. Bringing an injury lawsuit against a ski resort is rarely successful in Massachusetts or New Hampshire.
Especially because skiing is an activity with inherent risks, there are certain injuries for which ski mountains would not be liable. Unavoidable risks inherent in skiing and snowboarding include variations in terrain, snow, ice conditions, and bare ground spots. In Massachusetts, ski area operators' duties are very limited. Their minimal duties include giving warnings, notices, and marking requirements.
Under Massachusetts law, skiers are solely liable for a collision between skiers. The law provides that skiers have the duty to be in control of their speed and course at all times. All skiers (not ski operators) are solely responsible for collisions with other skiers and any obstructions so long as the obstacle is appropriately marked.
Were You Injured by Another Skier or Snowboarder in Massachusetts? Schedule a FREE Winter Sports Injury Consultation
Many people think they’re out of luck when injured on the slopes. While it’s rare to have a successful claim against a ski mountain, you may have a successful personal injury claim against an individual if your injury involved another person.
If you were injured in a collision with another skier or snowboarder, or due to someone else’s carelessness on the mountain while you were skiing or snowboarding, give us a call. Our injury attorneys will listen to your story and we will advise you of, and fight for, your rights.
We have offices in Chelsea, Peabody, and Worcester, but we proudly serve the entire state and can meet with you remotely from the comfort of your own home. Contact us for a free consultation to see how we can help you get the recovery you deserve after your injury.