
Can I Sue a Ski Resort for a Chairlift Accident?
Skiers and snowboarders may suffer serious and even fatal injuries when chairlifts are improperly operated or maintained. The man who was injured after falling 20 feet from a chairlift at Attitash Mountain Resort in New Hampshire is just the latest example of a high-profile chairlift accident. Attitash Mountain Resort is owned by Vail Resorts, based in Colorado.
It is vital for skiers and snowboarders to understand their legal rights if they are injured in a chairlift accident. Burg Simpson has extensive experience with ski accident injury claims, including chairlift accident lawsuits.
Our ski injury lawyers serve clients in Colorado and nationwide. Call 888-895-2080 today for a FREE and confidential case evaluation.
Are Ski Resorts Liable for Chairlift Accidents?
In 2024, the Colorado Supreme Court ruled that waivers do not absolve ski resorts from liability for injuries when the resort fails to uphold its “statutory and regulatory duties” (Miller v. Crested Butte, LLC). The Miller case arose when a 16-year-old girl fell 30 feet from a chairlift at Crested Butte Mountain Resort. She sustained an injury to her C7 vertebra, resulting in paralysis.
Miller’s father sued Crested Butte, alleging that the chairlift operators were negligent in failing to stop the lift before his daughter fell. This argument was rejected by a Colorado district court, which opined that Miller waived her right to legal action through the release of liability contained in the season pass she purchased.
The Colorado Supreme Court reversed the decision, allowing Miller to pursue damages through a chairlift accident lawsuit. Attorney Peter Burg, Shareholder at Burg Simpson, told Denver7 News that he hopes the decision in Miller v. Crested Butte, LLC will encourage ski resorts to improve their safety practices.
Colorado’s Ski Safety Act specifies the duties of ski area operators. The law includes provisions for the operation of passenger tramways, including ski lifts and chairlifts. An experienced lawyer can explore your rights under the Ski Safety Act and help you seek full compensation for injuries and damages from a chairlift accident.
Potential Injuries in a Chairlift Accident
Incidents involving chairlifts are relatively rare. When something does go wrong, however, the results can be horrifying.
We have seen multiple instances of people being stranded for hours on chairlifts. Falls—whether from the chairlift or when a chair detaches from the lift cable and falls to the ground—result in some of the most serious injuries.
Burg Simpson also represented the children of a man who tragically died of asphyxiation when his jacket became caught in a chairlift at Vail Resorts, leaving him suspended in the air for nearly 10 minutes. That case (Varnish v. Vail Resorts) settled out of court before trial.
Injuries that may occur in chairlift accidents include:
- Broken bones
- Spinal injuries
- Disc injuries
- Paralysis
- Traumatic amputation / loss of a limb
- Head and brain injuries
- Asphyxiation and strangulation
- Frostbite, hypothermia, and other cold weather injuries
The type and severity of the injury in a chairlift accident depend on multiple factors. For example, injuries sustained in a fall or entanglement may be more serious than those sustained in collisions with other passengers when boarding or getting off of the chairlift.
If you have been injured or a loved one was killed at a ski resort, it is vital to understand your legal options. You may have claims against another skier or snowboarder, the ski resort, the manufacturer of defective equipment, and other parties. The only way to know is to speak with a knowledgeable ski accident lawyer.
What to Do After a Chairlift Accident
The steps to take after an accident involving a chairlift, ski lift, or passenger tramway include:
1. Get Medical Care
Employees at the resort may be able to treat minor injuries with first aid. More serious injuries may require transportation to the nearest emergency room via ambulance or helicopter.
2. Preserve Evidence
Hang onto your lift ticket, season pass, and any documentary evidence that proves your attendance at the ski area on the day of the accident. If possible, you should try to take photos of the chairlift and surrounding area. You should also speak to nearby witnesses and get their contact information.
3. Make Notes
Note the date and time of the accident, as well as the approximate location at the ski area. If possible, you should also try to get the name(s) of the chairlift operators and any identification numbers for the equipment.
4. Keep Your Clothes and Equipment
Preserve any clothing or equipment that was damaged in the accident, as it may be useful evidence for a chairlift accident lawsuit. For rental equipment that needs to be returned, take photos of each item and write a description of the damage that can be compared against the merchant’s records.
5. Report the Incident
Ski patrol should be notified of the accident promptly, as they can assist with first aid and rescue operations. In the event of a serious accident, the authorities should be notified as well. Call the local or county police department.
The incident should also be reported to the ski area operator as soon as possible. Be cautious when communicating with ski patrol or other employees of the resort, as any statements you make may adversely impact your claim.
6. Get Legal Help
Contact a ski injury lawyer without delay. Taking legal action against a ski resort can be complicated, and you need experienced counsel on your side.
In a recent profile by The Denver Post, Burg Simpson Attorney and Shareholder Jacob Burg noted that ski area liability remains limited—even with developments that favor victims, such as the decision in Miller v. Crested Butte, LLC.
“The biggest takeaway from Miller and what the court has clarified is that, look, when you are riding on a chairlift, that is very different than skiing down a mountain, because you are relying on the ski area operator to operate that lift safely,” Jacob Burg said. “You have a very limited area of claims that you can bring, even under this Miller decision.”
Consulting a lawyer with an in-depth knowledge of ski accident law and the applicable court precedents is essential for determining whether you have a viable case against the ski resort. It is also vital for obtaining maximum compensation in a chairlift accident lawsuit.
What Compensation Is Available for a Chairlift Accident?
Victims of chairlift accidents may suffer severe, life-altering injuries. The worst-case scenario is when someone tragically dies in a chairlift accident.
You and your family may be entitled to compensation for an injury or the wrongful death of a loved one. Damages that may be recovered in a chairlift accident lawsuit include:
- Medical expenses
- Lost wages
- Household services and assistance
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Disabillity
- Scarring and disfigurement
- Loss of enjoyment of life
- Punitive damages
Fair compensation is not guaranteed after a chairlift accident. Ski resorts and their insurers are likely to put up a fight. A trusted ski accident lawyer can strive to obtain a fair settlement or, if necessary, take your case to trial.
Get Help with Your Chairlift Accident Claim
At Burg Simpson, we know the devastating impact chairlift and ski lift accidents can have on victims and their loved ones. What should be a fun day on the slopes can turn into a nightmare.
Often, ski resorts are negligent in their duty to keep skiers and snowboarders safe when using chairlifts and other equipment. Burg Simpson has the experience, knowledge, and resources to hold ski areas accountable.
We are Good Lawyers. Changing Lives.® Our firm combines national strength with local clout, enabling us to provide personalized legal service with unparalleled capabilities. We were founded in Colorado, and we have closely monitored the shifting legal landscape concerning personal injury claims arising from ski area accidents.
Call Burg Simpson at 888-895-2080 today for a FREE case evaluation. Our Denver injury lawyers serve the victims of chairlift accidents in Colorado and throughout the country.