Some people go on ski trips for the thrill; others ski to bond with friends and family; however, no one intends to get injured while skiing or snowboarding. But ski-related injuries and deaths happen on slopes all the time, and that’s when you need an Austin ski accident lawyer.
Such deaths can happen from the skier and snowboarders’ negligence. Still, sometimes the negligence of the snow sports recreational facility or a defect in the participants’ equipment leads to skiing accidents.
This article will explain how injured skiers and snowboarders can recover from injuries caused by others in an injury claim. It will also describe how a Texas ski and snowboard accident lawyer from Zinda Law Group can help.
Skiing and Snowboarding Risks in Austin
Despite its reputation for hot weather and flat terrain, Texas offers several skiing options near Austin. Winter Texans and residents flock to locations like Mount Aggie in College Station, which offers artificial snow and ski hills. In contrast, others venture to the larger mountains in neighboring New Mexico and Colorado.
There is an inherent risk of injury and trauma in skiing and snowboarding since they often occur in remote locations, and it is difficult for an injured person to receive emergency care promptly. The altitude and terrain can also affect the time it takes for emergency care to arrive.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationCommon Injuries From Skiing Accidents in Austin
Unfortunately, not everyone comes home from a ski trip in the same shape they left in. Not surprisingly, all skiing and snowboarding injuries are not created equal; they can range from mild to severe or even deadly.
Mild Injuries
Mild injuries may require medical attention but are not always worth taking legal action. Talk to an Austin ski accident attorney if you are on the fence about whether your injury is serious enough to sue the person or company that caused it. Some examples of mild injuries from skiing or snowboarding include the following:
- Bruises, which often happen to knees and elbows
- Sprains, which often happen to wrists, ankles, and knees
- Fractures, which often happen to legs
- Dislocations
Severe Injuries
Severe injuries are not only more life-threatening than mild injuries, but they are also more expensive. These are the types of injuries for which you should probably take legal action if the person who caused the injury refuses to compensate you. Severe injuries include:
- Brain and head injuries, often concussions
- Spinal injuries
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationBrain Injuries From Ski Accidents
One of the most common brain injuries is a traumatic brain injury (TBI); a TBI happens when the head is struck by some outside force, causing the brain to accelerate and then decelerate rapidly. When the brain makes that rapid movement, it hits the skull. Most TBIs are mild TBIs, commonly known as concussions.
While a concussion might not seem very harmful, the concussed person might experience persistent post-concussive symptoms, which can develop over time and stay with the person indefinitely. Those symptoms may include:
- Memory loss
- Depression
- Anxiety
- Continuous headaches
- Reduced attention span
- Poor judgment
- Poor balance
- Poor coordination
- Slow reaction time
- Inability to concentrate
As you can see, a brain injury can change your life drastically. You should take a concussion seriously, even if the concussed person initially seems relatively unharmed.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationCauses of Skiing and Snowboarding Injuries
Skiing and snowboarding injuries often result in a collision of some kind. However, the cause of the collision could be due to several things. The accident could be a ski resort’s fault or the company that manufactured your equipment.
Perhaps an instructor who works at the ski resort gave you poor directions, causing you to maneuver incorrectly and crash into an obstacle or another skier. The instructor may have been negligent in instructing you, or perhaps their employer was negligent when it hired or trained them.
The ski resort may have also placed signs in such a way that made crashing inevitable, or the ski lift may have jolted you out of your seat due to an operator error.
Alternatively, your equipment malfunctioned in a way that caused you to crash; this could be the fault of the equipment manufacturer.
Imagine that instead of an operator error with the ski lift, something defective about the ski lift itself caused your injury. All these injury causes could lead to a legal claim for the victim.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationWhat an Injury Claim Looks Like After a Ski Accident
You may have noticed as you were reading that there are a few legal theories under which your claim could proceed, which vary based on how your injury occurred. You will likely proceed under a theory of negligence or product liability for accidents on the slopes. We will discuss these more in-depth in the next sections.
As a preliminary procedural matter, you must file your claim within the statute of limitations. According to Texas Civil Practice & Remedies Code section 16.003, you have two years to bring your personal injury action. The clock starts ticking the day you incurred your injury.
Negligence
Your case will fall under the umbrella of negligence if another skier or snowboarder caused your injury or if the recreational facility failed to keep you safe in some way. Negligence arises out of a duty that the defendant owes the victim. The victim must prove four elements to file a negligence claim successfully:
- The defendant owed the victim a duty of care.
- The defendant breached the industry-wide or “reasonable person” standard of the duty of care.
- The victim’s injury is a type for which they can claim compensation. (Most physical injuries are compensable.)
- The defendant’s breach of duty caused the victim’s injury.
Products Liability
You may have a product liability case if your equipment or the recreational facility malfunctions. Product liability is a kind of strict liability claim, which means that the defendant must take liability for the victim’s injuries regardless of whether the defendant exercised reasonable care or did not intend for the injury to happen.
A victim must prove the following elements of a products liability case:
- The defendant manufacturer sells the product that the victim used.
- The defendant is the commercial seller of that product.
- The victim received an injury.
- The product was defective when the defendant sold it to the victim.
- The product’s defect caused the victim’s injury.
Note that errors the victim makes in using the equipment do not fall under the category of product liability. For example, if you failed to lock your boot into the ski properly, the ski manufacturer cannot be held liable for your injury if your boot escapes the ski and you lose control and crash into a tree.
However, if the ski is manufactured so that the boot easily becomes unlocked, you might have a product liability case.
What an Austin Ski and Snowboard Accident Attorney Can Do for You
A ski accident attorney in Austin can help you develop the legal theory behind your case to ensure it meets the standards of the claim you are filing. Also, you must file your claim against the correct defendant, whether that defendant is a manufacturer, ski resort, or fellow snow sports enthusiast.
The benefits of hiring a personal injury attorney are numerous. They help you gather evidence by investigating factual issues and calling the involved parties. The lawyer can then conduct depositions to get information from the defendant and any witnesses to the accident. This will help your attorney settle with the defendant.
Finally, an experienced lawyer can help you get as much compensation as possible for your injury. Such compensation comes in the form of economic damages to cover the expenses related to treating your injury, missed wages from your time off of work, and other quantifiable costs.
Compensation also sometimes comes as non-economic damages to address your pain and suffering.
Talk to a Zinda Law Group Injury Lawyer Today
We’ve helped dozens of victims in Austin and throughout Texas with ski accident claims. The Zinda Law Group Austin ski accident lawyers provide free case evaluations so that you do not waste irreplaceable time and money on a claim that will ultimately fail. We have experience with cases like yours that help give them an idea of how you should proceed with your case.
You deserve to have professionals who care about your goals and will take the time to develop a legal plan. Call the Zinda Law Group attorneys to schedule your free consultation and benefit from our No Win, No Fee Guarantee that will excuse you from paying us unless we win your case for you.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
