In 1996, the Maine Legislature completely overhauled the Skiers' and Tramway Passengers' Responsibility Act. Prior to the 1996 legislation, ski areas were immune from liability for injuries caused by risks inherent in the sport of skiing, and whether an injury resulted from an inherent risk of skiing was determined on a case-by-case basis. Hansen v. Sunday River Skiway Corp., 1999 ME 45, 726 A.2d 220; Merrill v. Sugarloaf Mountain Corp., 1997 ME 180, 698 A.2d 1042; Sanchez v. Sunday River Skiway Corp., 810 F. Supp. 17 (D. Me. 1993). The new statute provides that "each person who participates in the sport of skiing accepts, as a matter of law, the risk inherent in the sport and, to that extent, may not maintain an action against or recover from the ski area operator". 32 M.R.S.A. S 15217(2) (emphasis added). The new statute insulates ski area operators against most personal injury claims arising out of the inherent dangers of skiing. The inherent danger of skiing encompasses almost all ski related injuries with two important exceptions:

Ski Lift Accidents -- Ski area operators are liable for injuries caused by the negligent design, construction, operation or maintenance of a ski lift. Falls from chair lifts and injuries suffered during loading or unloading, may be caused by a defective design, faulty maintenance or negligent or improper operation of the lift. In such cases, the ski area operator may be liable for damages.

Skier Collision -- if another skier or snowboarder collides with you or knocks you down, that person can be held liable. The high-speed impact of a ski accident often results in broken clavicles, sternums, arms, legs, or serious spinal, facial, or head injuries. Compensation is typically recovered through the negligent party's homeowner's insurance.

Ski patrol will often investigate ski accidents and then complete an accident report containing identifying information. We utilize both the ski patrol reports and private investigators to identify witnesses. The law requires ski lift operators to report lift accidents to the State, but often the operator claims that the accident did not involve a lift malfunction and so does not report the accident. We also use weather and engineering experts to determine the cause of ski lifts problems.

In 1996 we obtained what was reported at the time as the highest personal injury verdict in the history of the State of Maine -- a $4.4 million verdict against Mt. Abram in Greenwood, Maine.

We represent our ski accident clients on a contingency fee basis. We generally advance all expenses in pursuing ski accident claims and do not expect repayment unless there is a recovery. If we recovery nothing, you owe us nothing.

If you or a family member has been injured in a ski accident, contact us online or call us at (207) 786-0606 or (866) 786-0606 (toll free within Maine) to set up a FREE consultation to discuss your legal options.