What is a ski equipment case?
Injury cases resulting from faulty ski equipment generally involve alpine release bindings. These faulty equipment cases are due to the failure of alpine bindings to release under circumstances in which the injured person would have expected them to have opened and prevented injury.
Other cases involving ski equipment failure are very fact-specific, including insufficient helmet padding, broken goggles and broken ski poles.
What makes a ski equipment case unique?
Liability in these cases will hinge on whether the ski bindings were properly set and/or whether the bindings, if set correctly, were functioning properly. The second issue of liability in these cases concerns the fall which injured the skier. The question is whether the nature and type of fall exerted forces through the binding which, if set and operating properly, should have opened the binding.
A number of injuries, such as ACL tears, are not altogether preventable even by properly set and operating bindings.
Waivers are a common issue complicating a claim against a shop. Ski equipment rental shops have required waivers for years and many shops are associated with the ski area so the waiver will apply to the entire resort.
What to expect from a ski equipment lawsuit?
Generally, ski patrol will compile a relatively comprehensive report concerning the nature, location, and causes of the skier accident. But you may not be provided a complete copy of the accident file without legal representation. Many ski area operators will only produce the complete file in response to a subpoena from an attorney. The equipment will be essential in proving liability, so hold onto the failed equipment if possible. Photograph the equipment in detail. Keep your ski outfit just as it was when removed following the accident –torn clothing can help establish the physics of an accident.
The nature of the injuries suffered in a many ski equipment accidents often means expensive treatment and rehabilitation are needed over a long-term period. Other expenses which arise include future medical expenses, often coupled with a loss of income if the victim was previously employed. Usually the worst parts of the injury are the pain, the difficulty during recovery, and sometimes even a permanent impairment. The injured skier may seek compensation from the rental shop or equipment manufacturer for all of these losses. Read more about Damages.
For answers about your ski equipment case, call for a free consultation:
Chalat Hatten and Banker has reviewed more ski equipment cases than any other law firm in the United States. We would welcome an opportunity to speak with you about your ski equipment failure and answer your questions during a free consultation – call to speak to one of our ski accident lawyers.