If You Have Sustained Oregon Skiing Injuries, We Can Fight for You

Thousands of people enjoy Oregon’s ski slopes each year. What they perhaps do not realize is that the second they strap on their skis or snow boards, they are subject to a complicated system of ski law and the potential for Oregon skiing injuries. Skiing is an exciting but dangerous sport, and accidents are far more likely to occur on the slopes than in most other sports.

If you sustain injuries, many complicated legal questions will arise.

What If:

you are skiing on Mount Bachelor and another skier or a ski instructor hits you?
a chairlift at Mount Hood malfunctions causing you to fall out?
your snowboard is defectively manufactured, causing you to lose control on the slopes?
any of those accidents cause you Oregon skiing injuries?

You Are Potentially Entitled to Monetary Damages

While you may be able to receive compensation for your injuries, the path to getting these damages is long and complicated. If you have sustained Oregon skiing injuries, you will need someone who can untangle the variety of legal claims that can arise from a single skiing accident. These legal claims possibly implicate many different parties, including:

the company responsible for the running and upkeep of the ski area
employees of that company
other skiers
the manufacturer of your equipment
the store where you brought or leased your equipment, and their suppliers

Whom Does the Law Hold Responsible?

Each case has unique facts that need to be unraveled: Whom can you sue? Whom should you sue? Perhaps most importantly, when do you have to act?

The answer to these difficult issues can be provided by an attorney experienced in handling Oregon skiing injuries cases. Skilled attorneys in this field are familiar with an area of law called torts. Torts are a kind of lawsuit which allow someone who is injured to sue the person who injured them for money. There are several kinds of torts that can arise from Oregon skiing injuries.

Lawsuits Against Ski Area Operators

This is important: Lawsuits against ski operators are time sensitive. From the time of your injury, you may have as little as 180 days to act. Oregon law has protected ski resorts by providing a very short window to pursue Oregon ski injuries cases. As a result, if you wait more than 180 days, you may not be able to recover any money for your injuries. However, even if you delayed more than 180 days, you should talk to an attorney experienced in handling cases involving Oregon skiing injuries. This is because there are certain exceptions to the law, including:

when the ski areas had knowledge of the injury or death
if there was good cause for the failure to five notice
the ski area did not notify the skier of the requirement to notify them within 180 days

If you notify the resort within 180 days, or fall under an exception to the rule, there are several torts which may allow you to recover against the resort.

Intentional Misconduct

If the resort, its employees or agents engage in intentional misconduct that harms the skier, the skier will likely have a valid lawsuit. This includes misconduct such as assault, battery, or infliction of emotional distress.

Negligence

If a ski resort owes a duty to the skier, and the ski resort breaches that duty and causes the skier harm and damages, the skier may have a valid lawsuit against the resort for negligence.

Skiers Assume “Inherent Risks” of the Sport

Unfortunately, the legislature of Oregon has worked to protect ski companies. They have enacted laws which limit their legal responsibility when a skier is injured, even if the company was negligent. The law states that skiers assume the “inherent risks” of skiing, including:

changing weather conditions
variations or steepness in terrain
snow or ice conditions
surface or subsurface conditions
bare spots
creeks and gullies
forest growth
rocks
stumps
lift towers and other structures
collisions with other skiers
a skier’s failure to ski within the skier’s own ability

If a skier sustained injuries because of the above, the ski resort is not liable. In contrast, if a skier sustains injuries as a result of an employee’s negligence, including the ski lift operator, the resort could be liable.

What If You Were Partly at Fault?

Cases against ski resorts are often complicated by the fact that Oregon uses a comparative fault scheme in tort cases. This means that if the person who suffered injuries was partially responsible for their own injury, then even if the person who injured them was also at fault, they will still get money but can only recover for the percentage the other party was at fault.

For example, let’s say the jury decided that a negligent ski lift operator was 70% at fault for the skier’s injuries, but 30% of the reason was the skier’s fault. In this case, the skier only recovers 70% of their damages. This is made more complicated in cases involving Oregon skiing injuries. If the skier sustains injuries as part of the inherent danger of skiing, they also cannot recover for that percentage of their damages.

Premises Liability

Other torts which may allow for recovery in Oregon skiing injuries’ cases are suits against the resort for premises liability. It is the resort’s duty to make their premises reasonably safe. As mentioned above, Oregon law limits the skier’s right to recover damages; however, ski area operators have a duty to exercise reasonable care to avoid creating risks of harm to the skiers. This requires, for example, that ski resorts “exercise reasonable care in designing, constructing, maintaining, or inspecting” jumps and other areas.

Lawsuits Against Individuals Who Do Not Work for the Ski Area

If another skier intentionally injuries, you may be able to recover damages as well. This is true even if they are not a ski resort employee,

There is a two-year statute of limitations for these types of actions in Oregon law, which means that if you have Oregon skiing injuries, it is important to speak to an attorney as soon as possible to make sure you are able to file your case in time.

Lawsuits Against Manufacturers, Sellers, Lessors and Distributors of Ski Equipment

Products liability laws protect skiers just as they do any other consumers in Oregon. If there is a design inspection, testing or manufacturing defect, or a failure to warn or properly instruct about the product, which causes your injury, you can sue the manufacturer, the seller or lessor and any other distributor of the equipment. Again, the statute of limitations is two years, so if you have Oregon skiing injuries, do not delay in seeking legal help.

Hire an Attorney Experienced in Handling Oregon Skiing Injuries Today

If you have sustained Oregon skiing injuries, you need someone who knows how to deal with insurance companies and get you the compensation you deserve. Call Oregon personal injury lawyer Richard Rizk today at (503) 245-5677.