I was injured on the ski slopes, ending up with numerous fractures. Though the area was marked “Ski at your Own Risk”, shouldn’t the resort be held responsible for the ton of doctor bills I have?

I was injured on the ski slopes, ending up with numerous fractures. Though the area was marked “Ski at your Own Risk”, shouldn’t the resort be held responsible for the ton of doctor bills I have?

Asked on April 12, 2009 under Personal Injury, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Not sure if my response went through so I am resending.  The answer is not necessarily.  There is (especially with activities like skiing) something called inherent danger and assumption of the risk.

So, if you assume the risk (by skiing where it says ski at your own risk), and you know you have limited skiing ability, then your assumption of the risk may operate as a bar to your recovery.

Review the following at http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

33-44-101. Short title.

33-44-102. Legislative declaration.

33-44-103. Definitions.

33-44-104. Negligence - civil actions.

33-44-105. Duties of passengers.

33-44-106. Duties of operators - signs.

33-44-107. Duties of ski area operators - signs and notices required for skiers' information.

33-44-108. Ski area operators - additional duties.

33-44-109. Duties of skiers - penalties.

33-44-110. Competition and freestyle terrain.

33-44-111. Statute of limitation.

33-44-112. Limitation on actions for injury resulting from inherent dangers and risks of skiing.

33-44-113. Limitation of liability.

33-44-114. Inconsistent law or statute.

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