Ski accident

[Jaybe1717]

So I was skiing and someone had stopped behind a roller and I wasn’t able to see them I went over the roller with relative speed and we collided. I was unable to avoid them, luckily both of us weren’t hurt but my ski exploded does anyone know who’s liable and if I am able to receive compensation for my brand new skis
Thanks

 

[shadoj]

So I was skiing and someone had stopped behind a roller and I wasn’t able to see them I went over the roller with relative speed and we collided. I was unable to avoid them, luckily both of us weren’t hurt but my ski exploded does anyone know who’s liable and if I am able to receive compensation for my brand new skis
Thanks

Hi! First, glad you and the other skier are OK!!!

Also, ! Good to have you join us divas

Me, personally: I might just walk away and eat the cost, being glad it didn't end up worse. Otherwise, perhaps a heartfelt letter to the shop you purchased your skis from (or the manufacturer), but you might need corroboration. Lots of skis explode due to impact, unfortunately, but better than your body. Might want to seek "official" legal advice if you do need monetary compensation.

Hope you can get some new skis soon so you can get back on the hill!

 

[Jaybe1717]

Hi! First, glad you and the other skier are OK!!!

Also, ! Good to have you join us divas

Me, personally: I might just walk away and eat the cost, being glad it didn't end up worse. Otherwise, perhaps a heartfelt letter to the shop you purchased your skis from (or the manufacturer), but you might need corroboration. Lots of skis explode due to impact, unfortunately, but better than your body. Might want to seek "official" legal advice if you do need monetary compensation.

Hope you can get some new skis soon so you can get back on the hill!

Thanks for such a quick response I was only looking for compensation cause I skied my line pandoras 3 times and I am 16 with a minimum wage job so I’m gonna take ur advice and talk with the shop I bought them from and see if I can work something out

 

[newboots]

It's difficult to determine if one skier or the other is liable. It was a bad place to stop, yes, but also the skier in front virtually always has the right of way. I'm not an expert on this, but it seems that the liability question is ambiguous.

Sorry this happened to you! Such a shame. Take photos if you're writing a letter, otherwise bring the remnants of the ski to the shop. Corroboration will certainly be helpful; if anyone you know witnessed it, or if Patrol came to help, you can get them to agree that you didn't run over the ski with the car or something.

 

[Mudgirl630]

What in the world is a roller?

 

[shadoj]

What in the world is roller?

It's a "hump" in the downhill pitch of a run that can function as a big jump if you carry enough speed over the top of it; a rounded hill/ledge that can obscure visibility of folks stopped directly below its apex/lip.

 

[Mudgirl630]

It's a "hump" in the downhill pitch of a run that can function as a big jump if you carry enough speed over the top of it; a rounded hill/ledge that can obscure visibility of folks stopped directly below its apex/lip.

Uh ha!

Thanks!

 

[liquidfeet]

@Jaybe1717, so sorry to hear this. But I'm really glad neither you nor the person you hit was hurt. Skiing is a risky sport, and one of the biggest risks is running into someone.

The slopes are often crowded, and there are no lanes or stop lights out there. So everyone needs to take proper precautions to protect themselves and everyone else from collisions. They don't always do this.

People get broken bones, some even die, because of collisions with other skiers. To prevent collisions, everyone needs to ski in a way that prevents them from being a danger to others. And everyone needs to ski in a way that they don't endanger others.

The Skier Responsibility Code identifies how skiers should do this. It lists what one should do and not do in order to avoid collisions on the slopes. But it's not a legal document. The three elements in the Responsibility Code relevant to your collision as you have described it are #1, #2, and #3.



Compensation might require you to sue and take the other person to court. As you were skiing, were you violating any of the 7 elements of the code? If so, you might not get very far.

1. Were you skiing in a manner that could have allowed you to stop or avoid any hidden skier who might be on the other side of the roller and appear suddenly?

2. Did you avoid the skier ahead of you? (no) The skier ahead always has the right of way.

Was the person you hit violating any of the elements in the code?

3. Did this other skier stop where he/she could not be seen from above? Here's the sticky part of your situation. It sounds like this person was stopped where he/she couldn't be seen. So did this skier have the right of way, given violation of the code?

These are the issues that might come up in a law suit, if it should ever get to court.

There are some other things impacting your ability to sue successfully.

--Did ski patrol come to the scene of the accident?
--Was there an accident report filed with or by ski patrol?
--Do you have the name of the person you hit?

I am not a lawyer. Perhaps a lawyer will respond.

 

[shadoj]

Uh ha!

Thanks!

Worth mentioning is that the shape of rollers vs. "jump ramps" tends to let you fly "horizontally" in freefall over the snow at the right velocity, rather than launching yourself upwards. This means it might take 10, 20, 40 feet to get skis back in contact with the snow, even though you're 1-2 feet in the air the whole time! This is a delay in an ability to quickly turn (requires snow contact), so anyone stopped below can be extra-vulnerable. Just so glad everyone's OK.

 

[Mudgirl630]

Too bad that there are so may dumb people. I see people standing in so many stupid places to stop all the time. Also so many people try to pass you so closely without calling out.

I am glad that you are not hurt at least. Going to ER and needing a surgery would have cost you so much more.

Unfortunately, we need to try to stay conscientious to be safe out there because of these people who come out and forget to bring their brains.

 

[snoWYmonkey]

Was the roller on a regular run or inside a terrain park? If inside a terrain park then the stop in a safe place rule is even more relevant, though i also always assume someone may have fallen onnthe blind side...

That sucks about the ski.

 

[vickie]

does anyone know who’s liable and if I am able to receive compensation for my brand new skis

You should assume you are 100% liable for the crash.

The person ahead of you might have fallen, just gotten up, and not gotten started again; might have stopped to regain control of their own skiing; might have stopped due to a person ahead of them falling.

It's much like traffic laws where the driver behind is assumed to be at fault, unless it can be proven otherwise.

 

[liquidfeet]

You should assume you are 100% liable for the crash.

The person ahead of you might have fallen, just gotten up, and not gotten started again; might have stopped to regain control of their own skiing; might have stopped due to a person ahead of them falling.

It's much like traffic laws where the driver behind is assumed to be at fault, unless it can be proven otherwise.

Yes. Sometimes the truth hurts.
@Jaybe1717, you still here? What did you hear from the shop where you bought the skis? Are they able to repair them?

 

[Susan L]

You should never jump if you cannot see what’s beyond the roller or without knowing if your landing is clear. It is 100% your responsibility. Accidents do happen, so I’d count your lucky stars that no one was injured and the other party is not trying to get compensation from you for landing on him/her. Take this as a lesson and look before you leap next time.

 

[perma-grin]

You should never jump if you cannot see what’s beyond the roller or without knowing if your landing is clear. It is 100% your responsibility. Accidents do happen, so I’d count your lucky stars that no one was injured and the other party is not trying to get compensation from you for landing on him/her. Take this as a lesson and look before you leap next time.

As a Ski Patrol of well of 20 yrs. I have to agree with Susan and Vickie. Sorry but I’m glad that you are both okay! Where she may have been guilty of #3 it sounds like you were guilty of both #1. and #2.

1. Always stay in control, and be able to stop or avoid other people or objects.
2. People ahead of you have the right of way. It is your responsibility to avoid them.
3. You must not stop where you obstruct a trail, or are not visible from above.
4. Whenever starting downhill or merging into a trail, look uphill and yield to others.
5. Always use devices to help prevent runaway equipment.
6. Observe all posted signs and warnings. Keep off closed trails and out of closed areas.
7. Prior to using any lift, you must have the knowledge and ability to load, ride and unload safely.

Down hill skier/rider always has right of way.

 

[newboots]

You should never jump if you cannot see what’s beyond the roller or without knowing if your landing is clear. It is 100% your responsibility. Accidents do happen, so I’d count your lucky stars that no one was injured and the other party is not trying to get compensation from you for landing on him/her. Take this as a lesson and look before you leap next time.

Wow, way to pile on to a 16-year-old!

There is no indication that she jumped, or “landed on” the other party. It was a collision, and in this thread she had already had the riot act read to her (the skier’s responsibility code posted verbatim, earlier, and now again) and had the liability issue explained to her. No need to keep beating up on her, especially for things she didn’t do.

 

[Susan L]

Wow, way to pile on to a 16-year-old!

There is no indication that she jumped, or “landed on” the other party. It was a collision, and in this thread she had already had the riot act read to her (the skier’s responsibility code posted verbatim, earlier, and now again) and had the liability issue explained to her. No need to keep beating up on her, especially for things she didn’t do.

I don’t know how to sugarcoat it. Nothing wrong with being direct and to the point.

 

[Iwannaski]

@newboots, I don’t know. I feel like you and I usually agree. I didn’t see an attack. Several people were somewhat equivocal, and then several were very direct.

Going back to the question, sounded like the uphill skier collided with someone in a location that was downhill that she could not see.

there is a LOT of information we don’t know. I wonder how this would sound if the stopped person posted?

BUT, the original question is who is liable and can I get compensation for my broken ski from the OP, right? Which sure seems like in the absence of information we are being asked to draw a pretty big conclusion…no? I suspect that set the stage for what happened after…

FWIW, I read this story neutrally to my 13 yo and asked who was responsible. He said “They’re both responsible, and no one is getting any money for replacing gear”

I know it’s hard when you are young and/or budget constrained… chalk it up to a learning experience, be grateful that neither of you were hurt, and move through it?

 

[perma-grin]

Wow, way to pile on to a 16-year-old!

There is no indication that she jumped, or “landed on” the other party. It was a collision, and in this thread she had already had the riot act read to her (the skier’s responsibility code posted verbatim, earlier, and now again) and had the liability issue explained to her. No need to keep beating up on her, especially for things she didn’t do.

With all do respect nobody piled anything on. She asked how she could get compensation. As a ski instructor and a Ski Patrol on hill APD I deal with these situations of late several times a week. I don’t think anything was over stated. Most of the collisions and injuries could have been avoided by being more aware of their surroundings and their responsibility to others on the hill. Last season one of our female patrollers was taken by an oblivious 17 yr old snowboarder, slammed into from behind as she was skiing the fall line of the hill. Many guest and several patroller witnessed it. The kid didn’t think it was that big a deal. Patroller suffered multiple fractures subsequent surgeries time off from work. She could not ski for the rest of last season, and is still not back to skiing this year. I was taken out from behind coaching my U-10’s in January, luckily I didn’t suffer anything more serious than bruising. He didn’t even bother to stop. This isn’t something that is just happening at our area. Early in the season Ron LeMasters was killed by a snowboarder at Eldora. Ron was a legend in the ski world and having skied with him, I can personally assure you his skiing was well above that of most ski professionals. Since the Covid resurgence of interest in skiing. The industry as a whole have seen a serious up tick in collisions on the hill. Resulting in both serious injuries and deaths. There is a serious lack of education as to the skiers responsibility code. So we are going to have to agree to disagree but I don’t feel that anything was overstated

 

[newboots]

I don’t know how to sugarcoat it. Nothing wrong with being direct and to the point.

She didn't jump.

Read the rest of the thread. She's been told.

There is a serious lack of education as to the skiers responsibility code. So we are going to have to agree to disagree but I don’t feel that anything was overstated

The Skier's Responsibility Code was already posted, verbatim. Overkill.