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Albany Ski Accident Lawyer
Every single ski season, dozens of people suffer serious injuries and death due to accidents. A ski accident could be caused by a collision with other skiers/snowboarders, reckless activity, a fall, or even malfunctioning ski equipment. If you or a loved one suffered a serious injury or death due to someone else’s negligence and/or defective ski products, then you may have grounds to take legal action. Albany personal injury lawyers at Bailey, Johnson & Peck have the skill and experience necessary to take on your snowboard or ski accident case. Call 518-456-0082 to schedule a free consultation.
How Common are Skiing and Snowboarding Accidents in the U.S.?
Snowboard and ski injuries are a fairly common occurrence during every ski season across the United States. According to data from the National Ski Areas Association (NSAA), approximately 40 people die and 44 people suffer serious injuries from ski accidents every year. It’s important to note that this data only includes injuries and deaths from reported accidents. Some people suffer minor accidents that they may not report. Lastly, data suggests that alpine skiers are far more likely to experience accidents with other skiers compared to snowboarders.
Common Causes of Skiing and Snowboarding Accidents
Deaths and injuries occur on the slopes due to the following reasons:
- Colliding with other skiers and snowboarders
- Falling from or getting stuck on ski lifts
- Colliding with trees, signs, barriers, fences, etc.
- Receiving poor instructions from skiing/snowboarding instructors
- Using malfunctioning skiing/snowboarding equipment
When accidents happen on the slopes, the ski patrol is supposed to act quickly by rescuing the injured person and bringing them to safety where they can receive medical treatment. If the ski patrol fails to act in a timely manner or fails to act at all, the injured person can progress into a worse condition.
Common Types of Skiing and Snowboarding Injuries
Listed below are the most common ski injuries:
- Head injuries such as concussions and other traumatic brain injuries
- Spinal cord injuries and back injuries
- Knee injuries such as a torn anterior cruciate ligament (ACL), medial collateral ligament (MCL), posterior cruciate ligament (PCL), and/or lateral collateral ligament (LCL)
- Leg, clavicle, forearm, hand, and wrist fractures
- Shoulder dislocations
- Frostbite
- Hypothermia (if someone were to get stuck in the snow or a ski lift for a long period of time)
- Wrongful death
Most injuries caused by skiing or snowboarding accidents are not serious. However, skiers and snowboarders are at a higher risk of suffering catastrophic injuries or death if they are fatigued, dehydrated, using improper/malfunctioning equipment, riding a slope that is outside of their ability level, or riding in closed trails.
Can You Sue for a Ski Accident?
Yes, you can file a personal injury case if you believe that your ski injuries were caused by negligence or defective products. Immediate family members can also file a wrongful death case if their loved one’s ski death was caused by negligence or defective products. It is essential to hire an experienced personal injury attorney at Bailey, Johnson & Peck before you pursue legal action. We can help you determine if you have a strong enough case and we can also help you fight for justice.
Negligence
Most personal injury lawsuits are filed on the basis of negligence. Negligence occurs when a person or entity fails to take reasonable care in preventing injury, illness, or death. For example, a person who suffers a major car accident injury could sue the at-fault driver for negligence if they can prove that they acted carelessly. The same rule applies to ski resorts, ski companies, or other skiers. If their negligent actions or inactions caused an injury or death, then they could face a personal injury lawsuit on the basis of negligence.
An example of ski resort negligence could be:
- Failing to inspect/repair ski lifts on a regular basis
- Failing to make sure everyone is safely strapped into a ski lift
- Employing a careless or inexperienced ski instructor
- Failing to maintain, mark, or design mountain terrain
- Failing to deploy ski patrol in a timely manner after an accident
It’s also possible to sue another skier/snowboarder for negligence if they were clearly being reckless. Albany personal injury attorneys can analyze the details of your case and help you determine the negligent, liable party who caused your injuries.
Defective Products
You could also file a product liability claim after a skiing/snowboarding accident. Product liability claims are reserved for injuries and deaths caused by defective products. So if your accident was primarily caused by malfunctioning ski equipment or a ski lift, you may have grounds to file a product liability claim.
It’s important to note that the specifics of a ski lift incident could determine whether you file a claim on the basis of negligence or product liability. It is the responsibility of the ski resort to inspect their ski lifts regularly, order necessary repairs, and/or shut them down if there is a problem. If the ski resort fails to do any of those things, and you become injured, you could sue for negligence. Meanwhile, it is the job of the ski lift designers, manufacturers, and distributors to ensure that the equipment is safe to begin with. If someone were to suffer an injury or a death due to poorly manufactured or designed ski equipment, then they could sue for product liability.
That is why it’s so important to hire an experienced personal injury lawyer from Bailey, Johnson & Peck. We can carefully inspect the situation to determine what actually happened. Was it an accident caused by negligence or defective products? Who exactly is at fault? It’s hard to answer any of those questions on your own without guidance from professionals. We are ready to help you recover the money you lost from your skiing or snowboarding accident.
Ski Accident Damages
An Albany personal injury lawyer from Bailey, Johnson & Peck can help you recover financial compensation for the following types of damages:
- Past and future medical bills
- Past and future rehabilitative bills
- Expenses related to necessary medical equipment like wheelchairs, canes, etc.
- Caretaking expenses if the accident resulted in permanent disability
- Lost wages
- Loss of earning capacity if the accident causes permanent disability which prevents you from completing all of your job duties
- Physical pain and suffering
- Emotional distress
- Permanent scarring, disfigurement, and/or disability
- Loss of consortium
- Loss of enjoyment of life
- Funeral and burial expenses if the accident resulted in wrongful death
How to Stay Safe While Skiing and Snowboarding
If you’re an avid skier or snowboarder, it’s crucial to keep yourself safe on the slopes in order to avoid some of the most common injuries associated with this extreme sport. Be sure to do the following to protect yourself:
- Always wear protective equipment like helmets, boots, and goggles
- Make sure you buy or rent boots that follow American Society of Testing and Materials (ASTM) standards
- Wear a few layers of light, water-resistant clothing to keep warm and dry
- Check your ski bindings before you ski
- Stay only on marked trails
- Be vigilant for obstacles like ice and rocks on trails
- Check the weather before you start skiing
- Hydrate and warm up before you start skiing
- Follow safety rules
- Don’t go on a slope that is way outside your skill/fitness level
- If you are experiencing signs of frostbite or hypothermia, seek immediate medical attention
Call an Albany Ski Accident Lawyer at Bailey, Johnson & Peck Today
If you or someone you love has suffered an injury or death due to a ski accident in the Albany area, you may have grounds to pursue legal action. The legal team at Bailey, Johnson & Peck has the skill and experience necessary to litigate both personal injury and wrongful death lawsuits. We want to help you fight for justice and financial compensation during this hard time. Call our top-notch personal injury law firm at 518-456-0082 to determine whether or not you have grounds to file a lawsuit.Practice Areas
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Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.
We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.
