When a person sustains an injury at a Nevada ski resort, the inherent risk exclusions shield the facility from responsibility in many instances. However, there are situations in which a ski resort is liable for injuries sustained by skiers or visitors at the facility.
Inherent Risk: What Is It?
Inherent risk situations refer to incidents in which there existed a justifiable expectation of a certain degree of risk for the individual or party involved. When an injury happens because of the inherent risks of snowboarding or skiing, the skier or snowboarder cannot hold the facility responsible for the injuries sustained.
Sports like snowboarding and skiing involve some level of risk. Consequently, many injuries that occur on Nevada’s slopes do not lead to successful compensation claims against ski resorts. In a few of these cases, however, victims might still receive compensation for injuries sustained from a third party, such as an equipment manufacturer or another skier. A personal injury attorney in Las Vegas can help someone who has suffered a ski resort injury write a detailed and evidence-backed demand letter to the liable individual or entity.
When Is a Ski Resort Responsible for Injuries?
Some circumstances exist that allow injured victims to hold a ski resort liable for an accident.
Failure to Warn
The Nevada Skier Safety Act states that ski resorts have a legal responsibility to warn snowboarders or skiers regarding any known hazards. The resort should place proper warning signage if some areas of the run or slope are closed. Failure to provide proper warning signs may make the resort liable for injuries.
Maintenance of Terrain
The ski resort must take adequate steps to reduce the hazardous conditions within the control of the operator. This requirement is captured in the Nevada Skier Safety Act. Poor trail grooming, inaccurate or missing signage, and failing to cover or get rid of dangerous objects can lead to operator liability.
At the Resort
If a person suffers an injury such as a slip and fall while visiting a resort, but is not actively involved in any sport, then the premises liability law may apply. In such a situation, the resort will be legally responsible for the injuries sustained.
The resort must ensure that all equipment provided by the facility for snowboarders and skiers to use is functional, safe, and well maintained. When ski equipment fails because of maintenance-related issues, the ski resort can be held legally responsible.