Many people in Idaho love skiing. Despite being a popular activity, there are some significant dangers that come with the sport that could result in serious injuries or even death. However, if you were hurt due to the recklessness of another skier or the resort, you may be eligible for financial compensation.
Working with a Coeur d’Alene ski accident lawyer could help you determine if you have grounds for civil action. If so, our talented local attorneys could help you put together a strong claim for damages against the responsible party.
While skiing is a fantastic sport that many enjoy, without the proper safety precautions, it can also be dangerous. There are many ways that skiers can sustain injuries. Some of the most common are listed below:
Crashes with other skiers are among the most common reasons for severe injuries. When these accidents occur, there is usually negligence by one of the skiers involved. Carless actions such as taking corners too quickly, dangerous jumps, and recklessness can easily result in severe injuries. Our Coeur d’Alene attorneys could help review the evidence and determine if the other skier was responsible for your accident.
Skiers assume inherent risks when they get out on the slopes. However, if another party is negligent and causes your injuries, they could owe you damages if you can prove liability. To prove liability for a ski accident, your Coeur d’Alene attorney will need to establish the four elements of negligence, which include:
Duty is the responsibility of a person to act with reasonable care and avoid causing harm to others. On the slopes, skiers and snowboarders have a duty to act prudently and avoid reckless behavior that could cause others harm. Additionally, ski resorts are required to ensure their equipment is in good condition, that slopes are properly identified, and hazards are removed.
A breach of duty occurs when another skier, snowboarder, or the resort fails to act as another reasonably would under the circumstances. For instance, failing to salt icy walkways to the ski lodge could be considered a breach of duty.
To prove causation, the evidence must establish that the breach of duty was the direct cause of the accident and resulting losses. Causation can be proven by showing that the accident would not have happened if the defendant had acted as a reasonable person would under the same circumstances.
Damages are the personal and financial losses suffered as a result of the accident. This could include medical bills, lost wages, pain and suffering, and decreased quality of life.
The statute of limitations is legislation limiting a person’s time to bring legal action against a negligent party. Under Idaho Code § 5-219, an injured skier has two years from the date of the accident to file a claim.
If a child sustains injuries in a ski accident, the statute is tolled until the child’s 18th birthday. The limitations period will not be tolled longer than six years, however. If the child suffered fatal injuries, surviving family members must file a claim for compensation within two years of the accident. Our knowledgeable lawyers in Coeur d’Alene could handle the legal work and filings to ensure you file your ski accident claim within the time limit.
Skiing is a wonderful sport that many enjoy taking part in on a regular basis. Unfortunately, it can also be hazardous, especially if there are reckless or inexperienced skiers or the ski resort does not meet the necessary safety guidelines.
If you sustained severe injuries while skiing, you could be eligible to collect compensation for damages. Contact our talented and accomplished Coeur d’Alene ski accident lawyers to schedule a meeting.
Owens, McCrea & Linscott, PLLC