I had an accident during a ski lodge trip. I injured my knee on a mid-level slope while I was skiing and needed surgery. Can I sue the lodge for my injuries?

I cannot give you a clear answer because there are not enough details in your question. But skiing is an inherently dangerous activity. So there is a certain amount of risk that a skier assumes when they participate.

A ski lodge is governed by the General Obligations Law. The statute lays out specific guidelines all ski lodges must follow. If the ski lodge follows those statutory guidelines, the lodge is not responsible. So even if a guest is injured, as long as the ski lodge was doing what is reasonable as defined in the statute, there is no case.

One obligation for the ski lodge is to keep the patrons advised about conditions on the slopes. Signs must be visible to all patrons indicating the difficulty of a slope or trail, the condition of each slope or trail and specific surface conditions located on that trail. General Obligations Law 18–103. The ski lodge has an obligation to survey and record in a log, the conditions on trails and slopes. Those conditions must be posted on signs. Weather conditions must also be posted.

There are also specific statutes regarding maintenance. A course or slope must clearly post hazards. General Obligations Law 18–103(4). The lodge must also have written policies regarding conduct of patrons. Those written policies have to include procedures that employees must use to advise patrons about reckless conduct. Furthermore employees must be empowered to revoke lift tickets in the event of repeated reckless conduct. General Obligations Law 18–103(7).

Skier’s Obligations

Skiers also have obligations. They must inform themselves of the risks involved in skiing. Skiers must follow the rules of ski area operators. They also may not ski in areas not designated for skiing. There are also other obligations. For example, a skier may not overtake another to cause a contact or to stop on a slope where it is likely to cause a collision. General Obligations Law 18–105.

A skier is negligent if they violate this statute. So without further facts, it is impossible to say if there is a case.

By James Santner, Esq.

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