As interest in snowboarding has increased in recent years, so have snowboarding injuries in Colorado. If you have been injured in a snowboarding accident, you may be able to compensation for your damages. This blog highlights the kinds of legal issues that can arise in lawsuits involving snowboarding injuries in Colorado.
Injuries from snowboarding range from relatively mild (sprains, strains, fractures) to severe, life-altering conditions like serious head and spinal injuries and even death. As snowboarding enthusiast pursue greater speeds and embark on more challenging terrain, the number and severity of injuries due to skiing and snowboarding accidents are on the rise. In fact, a recent CDC study found a dramatic increase in traumatic brain and spinal cord injury as a result of snowboarding accident, especially related to children and adolescents.
Causes of Snowboarding Injuries in Colorado
- Collisions with other skiers or boarders
- Falls or collisions with objects, such as trees, fences, barriers, or signs
- Chair lift accidents
- Accidents due to inadequate instruction from a skiing or snowboarding instructor
- Accident due to equipment failure
Legal Basis of Snowboarding Lawsuits
Negligence: Most personal injury lawsuits are based on the legal theory of negligence. If your claim is based on negligence, you will have to prove the party you are suing is legally responsible (at fault). Your claim may be based on theory of negligence if your injury was due to any of the following:
- Collided with a skier or snowboarder behaving carelessly or recklessly
- The mountain terrain on which you were skiing or snowboarding was poorly maintained, marked, or designed
- Your skiing or snowboarding instructor led you to terrain that was beyond your capability level
Defective Products: If you injury was caused by a defective or dangerous product, such as a defective chairlift or ski binding, you may be entitled to compensation from the companies that designed, manufactured, and distributed the product.
Assumption of Risk Defense
Snowboarding is known to be potentially dangerous activities. Because there are inherent risks in participating in these sports, the defendant may raise a defense based on assumption of risk. By raising this defense, the defendant is arguing that you are not entitled to compensation because you chose to take part in an activity that was likely to cause you harm.
Compensation for Snowboarding Injuries in Colorado
The general purpose of a monetary award (Damages) in a personal injury case is to compensate an injured person for the losses caused by their injury. The damages you may recover in a lawsuit would depend on the specifics and severity of your injuries, but would typically include reimbursement for medical expenses, lost wages, and compensation for pain and suffering.
Getting Legal Help
Snowboarding injury lawsuits are extremely complex. Outcomes may depend on local statutes, rules, and regulation, as well as the contract signed at the time of purchasing your lift ticket. If you are thinking of filing a lawsuit based on a skiing or snowboarding injury, you may want to speak with a personal injury attorney, particularly one with experience in ligation over skiing and snowboarding accidents.
For more information, contact our attorneys today at 720.863.6904 or email us for your free consultation. Our lawyers handle a wide range of personal injury cases, including Motor Vehicle Accidents, Bicycle Accidents, Pedestrian Accidents, Slip & Fall Accidents, and Dog Bites & Attacks. We service Arvada, Aurora, Boulder, Broomfield, Denver, Commerce City, Lakewood, Littleton, Thornton, Westminster, Wheat Ridge, and other parts of metropolitan Denver, Colorado.
Owner and Managing Attorney
Jerry Bowman, J.D., M.A., Owner and managing attorney of Bowman Law LLC, takes his responsibility to the legal profession seriously and dedicates his time and effort to providing quality and competent legal representation to clients in Denver and throughout all of Colorado. He holds an MA in Political Science from Wayne State University and earned his law degree in two and a half years from Michigan State University College of Law.