Can I File a Lawsuit for a Wisconsin Skiing or Snowboarding Injury?

 Posted on January 04,2023 in Personal Injury

The state of Wisconsin provides residents and visitors with many opportunities to enjoy the outdoors during the winter, including skiing or snowboarding at a variety of ski areas and resorts. However, these activities can be dangerous, and accidents can occur that may result in serious injuries. In these situations, injury victims may wonder whether someone else was at fault for the harm they have suffered and whether they can file a lawsuit against a ski area or another liable party and pursue compensation for their damages. If you have been injured, understanding the laws that affect these cases in Wisconsin can help you determine your options, and by working with a personal injury attorney, you can take steps to identify the liable parties and pursue the compensation you deserve.

Types of Skiing and Snowboarding Injuries 

Skiing and snowboarding injuries can vary widely depending on the circumstances surrounding an accident. Common types of injuries include broken bones, head trauma, sprains and strains, spinal cord damage, and other serious physical harm. In some cases, these injuries may occur because of errors made by a skier or snowboarder, such as using a trail that is too difficult for their abilities or attempting dangerous tricks or stunts. However, injuries may also be caused by the negligence of other parties, such as a ski resort operator who failed to properly maintain trails, a ski rental company that did not ensure that equipment was safe to use, or other skiers or snowboarders who acted dangerously and put others at risk.

Liability for Skiing and Snowboarding Injuries

In order to successfully file a lawsuit for an injury sustained while skiing or snowboarding, you must have clear evidence that another party was responsible for causing your harm. There are certain duties that apply to both ski resort operators and people who are skiing or snowboarding. In general, skiers and snowboarders are required to obey posted signs or other types of warnings, stay within the bounds of a ski area, understand and act within the limits of their abilities, maintain a safe speed and control their direction, be able to avoid colliding with other people or objects, yield to others when necessary, avoid obstructing trails, and be able to safely board and deboard ski lifts. Skiers and snowboarders are required to accept the risks of these activities, as well as safety issues related to weather, snow conditions, variations in terrain, and obstacles such as rocks, trees, signs, and equipment.

Because of the risks of alpine sports, a person who is injured in a ski or snowboard accident will usually only be able to pursue compensation if they can show that someone else acted negligently. There are limits on liability that apply to ski area operators, but if a ski area failed to fulfill certain duties, it may be liable for accidents that resulted in injuries to skiers or snowboarders. For example, a ski resort may not have provided the proper warning signs to inform people of the difficulty level of different trails, or it may not have used the required markings on obstacles that affected people's safety. Other examples of negligence may include failure to properly inspect and repair ski lifts or allowing employees to use vehicles or other equipment without the proper licenses and training.

Contact Our Milwaukee, WI Ski/Snowboard Injury Lawyers

Skiing and snowboarding injuries can range from minor scrapes and bruises to more serious harm such as head trauma or broken bones. If you have been injured while skiing or snowboarding in Wisconsin due to someone else’s negligence, then it is important to understand the laws that may affect liability. At Gimbel, Reilly, Guerin & Brown, LLP, LLP, we can help you gather evidence showing that a ski resort failed to meet its duties to protect your safety or that negligence by other parties was to blame for your injuries. Our Milwaukee personal injury attorneys will help you take action to pursue compensation for the damage you have suffered. Contact us today at 414-271-1440 to learn more about how we can assist with your case.

Sources:

https://docs.legis.wisconsin.gov/document/statutes/895.526 

https://docs.legis.wisconsin.gov/statutes/statutes/167/33