Injured Skier Allowed to Sue Ski Resort

An experienced skier who was injured when he was struck from behind by a snowboarder has won the right to sue a Pennsylvania ski resort. Pennsylvania law strictly limits the rights of skiers to sue ski resorts. The Pennsylvania Skier's Responsibility Act protects ski resorts from lawsuits, notes that skiing is an "inherently dangerous" sport, and holds that all skiers assume all risks associated with skiing. This "assumption of the risk" makes it almost impossible for skiers to sue a resort for a ski-related injury. Any time a skier is injured by an event that is an "inherent risk" of skiing, he or she has no claim against the resort.

In this case, the injured skier avoided the liability limits of the Act by focusing on the snowboarder's alcohol consumption. The skier claimed that the snowboarder was part of a high school group whose drinking in the parking lot and on the slopes was obvious and should have been controlled or prevented by the resort. Moreover, the injured skier maintained that the resort was generally aware of alcohol abuse by high school groups at the resort.

The Pennsylvania court agreed that the injured skier was entitled to his day in court. The court ruled that intoxicated snowboarders are not an inherent risk of downhill skiing. At trial, the injured skier will have to prove that the resort had reason to know that patrons were consuming alcohol while using the resort's ski facilities, and that the resort was careless in responding to the problem.

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