Proving Negligence: Skier-Skier Collisions vs. Resort Liability

Jerry Bowman, Owner and Managing Attorney

Ski Accidents
December 19, 2025
Proving Negligence: Skier-Skier Collisions vs. Resort Liability

Colorado’s mountains offer world-class skiing and snowboarding, but they also bring real risks, especially when someone else’s careless behavior causes an accident. Skier-skier collisions are among the most common types of ski- or snowboard-related injuries, and many victims assume these accidents are simply “part of the sport.” In reality, if another skier or a ski resort acted negligently and caused your injuries, you may have the right to pursue compensation.

Understanding how negligence works on the slopes, what evidence strengthens your claim, and when a ski resort may be held liable is essential to protecting your rights. Here’s what you need to know about your rights when you suffer a skier-skier collision and think you may have a case of a personal injury claim

Understanding Negligence on the Slopes: What the Law Expects From Skiers

Colorado law places clear responsibilities on skiers. Under the Colorado Ski Safety Act, every skier must maintain control of their speed and direction and avoid people or objects downhill. When a skier violates these rules by skiing too fast, failing to yield, or behaving recklessly, they can be considered negligent.

Some common examples of skier negligence include:

  • Skiing too fast for the conditions
  • Texting or using a phone while skiing
  • Losing control in crowded areas
  • Cutting blindly into trails
  • Stopping in areas with poor visibility
  • Skiing under the influence

In a skier-skier collision case, proving negligence often means demonstrating that the uphill skier failed to follow these safety responsibilities. The downhill skier has a responsibility to maintain control and speed, but Colorado courts generally presume that the uphill skier is responsible because they have the best view of what’s below them and the greatest ability to prevent a crash. So, if you were hit from behind, this presumption strongly supports your claim, but additional evidence is still vital.

How to Build a Strong Claim After a Skier-Skier Collision

In ski-collision cases, timely and thorough documentation can make or break your claim. After an accident, you should take the following steps as soon as possible in order to protect your rights and help your legal case:

1. Report the Accident Immediately

Notify ski patrol and request that they document the scene. Their report may include witness names, the location of the crash, weather conditions, trail difficulty, and initial statements from both parties. These details often become crucial evidence.

At Bowman Law, our expert attorneys can help guide you on what to do after an accident, whether related to skiing or another type of crash.

2. Gather Witness Statements

Ski collisions often happen in busy areas: lift lines, trail merges, slow zones, or green runs. You may not think witness statements carry a lot of weight for legal proceedings, but even one credible witness can significantly strengthen your negligence claim. Eyewitnesses may have seen the other skier lose control or behave recklessly. Be sure to get names, phone numbers, and any recorded statements after a crash, if possible.

3. Take Photos and Video of the Scene

After a crash, you or someone else should document the scene to help law enforcement, insurance professionals, and attorneys collect evidence for your case. Be sure to document the following:

  • Your injuries
  • Equipment damage
  • Trail signs or warnings
  • Starting points and collision point
  • Visibility and snow conditions

These visuals support your memory and help accident reconstruction experts if your case requires them.

4. Seek Medical Care Right Away

Injuries like concussions, fractures, and internal trauma are common in ski crashes, and delayed treatment can worsen them. Medical documentation also creates a clear, time-stamped record that connects the collision to your injuries.

Read More: Learn More About Damages in Personal Injury Causes

5. Preserve Your Equipment

Your skis, helmet, bindings, and clothing may contain physical evidence like impact marks, broken components, or transfer marks from the other skier. After a crash, do not repair or dispose of anything until your attorney advises you to, as your equipment could prove helpful for different legal processes.

A person in an orange jacket assists someone sitting in the snow, surrounded by skiing equipment, in a snowy outdoor setting.

When Is a Ski Resort Liable? Understanding Resort Negligence

Many people assume ski resorts cannot be held responsible for accidents because skiing is an “inherently dangerous activity.” While it’s true that resorts are protected from some types of lawsuits under the Ski Safety Act and your lift ticket waiver, they can be held liable for certain preventable hazards.

Ski resorts may be responsible if they fail to:

  • Maintain safe terrain or remove known hazards
  • Properly mark closed trails or dangerous areas
  • Maintain lifts safely
  • Provide reasonable crowd control in congested zones
  • Train or supervise ski patrol correctly
  • Warn skiers about known dangers

For example, if a resort allows a high-speed merging area to become overcrowded with no signage or monitoring, and a skier collision occurs due to the chaos, the resort may share some responsibility.

Although skier-skier collisions typically involve individual negligence, a resort can be liable if its actions contributed to the conditions that caused the crash, such as:

  • Unmarked intersections or abrupt terrain changes
  • Malfunctioning or poorly placed safety fencing
  • Failure to enforce slow zones
  • Lift-unloading hazards that create sudden bottlenecks

Proving resort liability often requires technical evidence, expert analysis, and a thorough understanding of Colorado ski law. This is where one of our experienced personal injury attorneys from Bowman Law can provide meaningful guidance and support.

Proving Negligence: What Evidence Makes the Biggest Impact?

To prove negligence against another skier or a resort, you must establish four key elements:

  1. Duty of care: The other party had a responsibility to behave safely.
  2. Breach of duty: They acted in a way that violated safety rules or industry standards.
  3. Causation: Their behavior directly caused your injuries.
  4. Damages: You suffered physical, financial, or emotional harm.

In order to prove these elements, you need the right evidence. Some types of evidence that help establish these realities include:

  • Ski patrol reports
  • Eyewitness accounts
  • Video footage from cell phones, GoPros, or resort cameras (if available)
  • Medical records showing the extent of your injuries
  • Expert testimony, such as ski safety specialists or accident reconstruction experts
  • Trail maps and resort maintenance records

For additional background, the National Ski Areas Association (NSAA) publishes public responsibility guidelines on skier responsibility and safety. These can be helpful external references when establishing what “reasonable care” should look like.

Why Working With a Personal Injury Lawyer Matters

Ski collision cases can be complex. Resorts have legal teams, insurers push to minimize payouts, and negligent skiers often deny responsibility. Bowman Law’s personal injury attorneys ensure your rights are protected and that you collect the necessary evidence before it disappears. Bowman Law Firm can help you:

  • Identify whether the other skier, the resort, or both are liable
  • Preserve and obtain crucial evidence
  • Analyze ski patrol reports and expert findings
  • Confirm whether applicable homeowner’s or renter’s insurance is available
  • Negotiate with insurers
  • File a lawsuit if necessary to secure fair compensation

Whether you suffered physical, emotional, or property damages, our team is committed to helping you pursue the compensation you deserve.

Skiers navigate a snow-covered slope at sunset, surrounded by evergreen trees and mountain views.

Injured in a Skier-Skier Collision? Bowman Law Firm Can Help.

If you were hurt because another skier behaved recklessly, or a resort failed to keep its terrain safe, you don’t have to handle the aftermath alone. From managing medical bills to navigating insurance disputes, our team is here to advocate for your recovery and navigate your personal injury claim every step of the way.

Contact Bowman Law Firm for a free consultation and learn how we can help you pursue justice after a ski-related injury.