When you hit the slopes in Wisconsin, you expect to have a fun, safe time. However, skiing and snowboarding accidents can happen, and it’s important to know what your legal rights and responsibilities are in such cases.
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Skiing and snowboarding accident statistics in Wisconsin
Skiing and snowboarding are popular outdoor activities in Wisconsin, especially during the winter season. According to data from the National Ski Areas Association, Wisconsin had approximately 900,000 skier visits during the 2019-2020 season. However, with more people taking part in these activities, there are also more accidents.
While the number of skiing and snowboarding accidents in Wisconsin varies from year to year, the following statistics give an idea of the frequency and severity of these incidents:
- During the 2019-2020 season, there were 25 reported skiing and snowboarding accidents in Wisconsin that required medical transport.
- Between the 2009-2010 and 2018-2019 seasons, there were 440 skiing and snowboarding accidents reported in Wisconsin that required medical transport.
Causes of skiing and snowboarding accidents in Wisconsin
Skiing and snowboarding accidents can be caused by various factors, including:
- Collisions with other skiers or snowboarders
- Collisions with fixed objects, such as trees or lift poles
- Collisions with natural obstacles, such as rocks or ice
- Falls caused by equipment malfunctions or user error
Skiers and snowboarders can also experience injuries related to weather conditions, such as frostbite or hypothermia.
Liability and negligence in skiing and snowboarding accidents
In Wisconsin, liability and negligence in skiing and snowboarding accidents are governed by the state’s Ski Safety Act. This law defines the responsibilities of skiers and snowboarders, as well as the responsibilities of ski area operators.
Skiers and snowboarders’ responsibilities
Under the Ski Safety Act, skiers and snowboarders have the following responsibilities:
- To know their limits and abilities and to ski or snowboard within them
- To maintain a safe speed and distance from other skiers and snowboarders and from fixed objects
- To obey all ski area signs, warnings, and instructions
- To not stop in areas where their presence could cause an obstacle or danger to others
- To not ski or snowboard under the influence of drugs or alcohol
- To not engage in reckless or negligent behavior that could cause injury to themselves or others
If a skier or snowboarder violates any of these responsibilities and causes an accident, they could be held liable for any injuries or damages that result.
Ski area operators’ responsibilities
Ski area operators also have certain responsibilities under the Ski Safety Act. They must:
- Warn skiers and snowboarders of any known dangers or hazards on the slopes
- Mark any areas that are closed or off-limits to skiers and snowboarders
- Maintain the slopes and equipment in a reasonably safe condition for use
- Post signs indicating trail difficulty and the locations of medical and rescue facilities
- Train their employees in safety procedures and emergency response
If a ski area operator fails to fulfill any of these responsibilities and it causes an accident, they could be held liable for any injuries or damages that result.
Filing a claim for a skiing or snowboarding accident in Wisconsin
If you are injured in a skiing or snowboarding accident in Wisconsin, you may have the right to file a claim for damages. However, the process for doing so can be complex, and it’s important to have an experienced personal injury attorney on your side.
Time limits for filing a claim
In Wisconsin, there is a three-year statute of limitations for personal injury claims. This means that you must file your claim within three years of the date of your accident, or you may lose your right to compensation.
Damages you may be able to recover
If you are successful in your claim, you may be able to recover damages for:
- Medical expenses, including past and future costs of treatment
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Property damage
Comparative negligence in Wisconsin
In some cases, both the skier or snowboarder and the ski area operator may be found partly responsible for an accident. Wisconsin uses a comparative negligence system, which means that each party is assigned a percentage of fault for the accident.
If you are found to be partly at fault for the accident, your damages may be reduced by the percentage of fault assigned to you. For example, if you are 25% responsible for the accident and your damages are $100,000, you may only be able to recover $75,000.
Conclusion
Skiing and snowboarding accidents can be serious, and it’s important to know your legal rights and responsibilities if you are involved in one. If you or a loved one has been injured in a skiing or snowboarding accident in Wisconsin, it’s important to consult with an experienced personal injury attorney to determine your options for recovery.