You could sue a ski resort for injuries in New Mexico if operator negligence contributed to the accident. New Mexico’s Ski Safety Act requires operators to maintain chairlifts, runs, and facilities while keeping them in good working condition. However, it is the skier’s responsibility to ski safely. It can be challenging to prove that the ski resort was at fault for your injuries without hiring an attorney to investigate your accident.
In This Post
This article will address ski resort negligence examples, limitations that apply to operators, and your duties as a skier in New Mexico. You will also learn about what options are available if you want to sue a ski resort for your injuries. Every accident case is unique, which means that it is vital to speak with my office if you need legal advice relevant to your situation.
Determining Ski Operator Negligence Depends on Several Factors
New Mexico offers some of our country’s best skiing. While season pass holders and vacationers alike enjoy their day without incident, things do not always go as planned when an injury occurs on the mountain. If this happened to you or your loved one, you might be wondering if the ski resort is responsible for your losses.
Generally, the ski resort’s liability is dependent upon where and how you suffered from an injury:
- Ski resort injuries: Premises liability laws protect you from negligent property conditions. Whether you are grabbing a snack in the lodge or walking down the stairs, the premises should be reasonably safe, including preventative maintenance.
- Chairlift injuries: There are inherent risks associated with skiing. However, that does not preclude the hill from liability when operating an unsafe chairlift. Poor maintenance or dangerous evacuation procedures can result in your injuries or a family member’s death.
- Ski slope injuries: While you are responsible for skiing safely and within your abilities, ski resort operators also must maintain runs, run-outs, and post adequate signage. Failure to do so means that they could be on the hook for the damages you experienced.
It is also highly unlikely that a ski resort will be responsible for an accident between two skiers. Depending upon the facts and circumstances, you may have to file a claim against the at-fault skier if he or she was skiing unsafely and caused an injury to you. Speak with a personal injury lawyer in New Mexico to help you determine if another’s negligence played a role in your accident.
Waivers of Liability May Not Apply to Your Case
Waivers of liability are statutory agreements between a service provider, such as a ski resort operator and a customer. They limit the scope of liability that operators face for customers who are injured while using their services. While you still have the right to hold ski resorts accountable for negligent actions, a waiver of liability is applied when you use your lift ticket.
The liability waiver protects ski resorts from accident injuries caused by the inherently dangerous nature of skiing. If you are skiing too fast, on subpar equipment, or on an advanced run, it does not mean that the resort is responsible for paying you when these factors cause an injury.
Your Duties as a Skier in New Mexico
Not only do ski resort operators have specific duties to fulfill, but you also have responsibilities as a skier. Failing to meet these requirements can significantly and negatively impact a potential case against the operator.
According to NMSA § 24-15-10, these are the duties and responsibilities of you as a skier in New Mexico:
- Recognize that the sport is inherently dangerous and that you need to act with care
- Liability falls on your shoulders when an accident occurs with another skier
- No one person shall place objects on runs or cross rope tows
- When you are injured, you must notify the resort immediately
- No one person shall ski under the influence of drugs or alcohol
- You cannot wear retention straps on your skis
It is challenging to sue a ski resort for accident injuries if you violate any of these rules. Violating the Ski Safety Act can shift partial or total blame back to you, which can result in an insurance settlement denial or civil court lawsuit dismissal.
Find Out If You Can Sue a Ski Resort for Injuries You Experienced
Ski resort accidents can result in severe or life-changing injuries. It is vital to hire an experienced and aggressive personal injury lawyer to analyze your case’s facts and hold negligent operators accountable for their careless or reckless actions. If someone else injured you or a family member at one of New Mexico’s ski resorts, you might be able to sue a ski resort for injuries you suffered.
Call Grano Law Offices, P.C. for a Free Case Evaluation to learn more about your legal options. Schedules yours by using our contact form below or calling (505) 426-8711 now.
