Ski Accidents

Colorado's ski resorts are among the state's many great features. Unfortunately, some trips to the slopes result in serious personal injury to a skier, who must then decide where to turn for help navigating the complicated system of rules, regulations and statutes while trying to focus on recovering from his or her injuries. The overwhelming consequences of a ski-related injury are even worse when, due to the negligence of someone else, the injury results in a wrongful death, and family and friends are left to sort out the legal details while they try to cope with their loss.

At Chalat Hatten & Koupal PC, we have more experience with ski cases than any other plaintiffs' firm. We have settled and tried hundreds of Colorado ski accident cases since 1979. Often, a ski injury case will focus on the "threshold question" of whether or not the injury or death was related to a risk that the skier assumed. The answer not only depends on the facts of the accident, but also on state law.

In Colorado, we generally see five types of ski cases:

• Collision cases
• Lift cases
• Fall cases
• Instructor
• Equipment cases

For in-depth information on ski law and ski cases, visit www.skisafety.com, contact us, or call 866-701-7292 to speak with an experienced attorney.

Examples of Our Success

Ski Collision AT Snowbird Results in $1.5 Million Settlement

Johnny Kotun, age 28, was an expert recreational skier. On March 25, 2007 at 4:00 PM, Kotun was traversing along a lower cat walk across the "Wilbere cutoff" and was headed toward one of the lower parking lots at Snowbird Ski Resort. Defendant, a 16-year-old off-duty junior ski instructor, was descending the cutoff, directly under the Wilbere chair lift. Defendant took a jump off of a transition, and performed a 360. He landed, carved two wide arc turns and collided at high speed into Kotun. Kotun was seen and heard waving his arms and shouting at defendant to avoid him in the moments before the collision. At impact, Kotun was ejected from his skis and thrown into a nearby tree. Defendant also went airborne into the tree. About 25' from the point of impact was a large, orange SLOW banner. The testimony from witnesses (including chairlift passengers who reported to the scene) and the defendant formed a basis for our expert to establish a minimum speed at point of impact > 42 mph.

Defendant sustained a non-displaced pelvic fracture, a concussion (no helmet) and bruising to his kidneys and spleen. He recovered without any impairment.

Kotun sustained mandibular and maxillary fractures. Although he was wearing a helmet, Kotun also sustained an intra cerebral and frontal lobe hemorrhage, and a severe shear injury.

He recovered from the facial fractures but is now hemi-plegic on his left side, and has significant cognitive and speech impairments. His ability to live independently and earn an independent living has been lost.

The parties settled for the policy limits of $1.5 Million. A significant portion of the settlement payment was structured. The case was filed in Salt Lake County District Court and local counsel on the case were Craig Adamson and Craig Hoggan of Dart Adamson and Donovan of Salt Lake City, Utah.

$8.3 Million Verdict for Minor Suffering Traumatic Brain Injury

A 17 year-old skier was night skiing down Eagle's Swoop, an open intermediate slope at Wintergreen ski resort in Nelson County, Virginia. On the night of the accident, a snow groomer emerged from the tree line on skier's left of Eagle's Swoop, pivoted uphill, and then began driving about 300' straight uphill close to the tree line and against the direction of skier traffic, while the ski run was open to the skiing public. Client came over the crest of the pitch, up which the snow groomer was ascending. She avoided the escorting snowmobile, lost control, fell and slid at high speed about 90 feet into the blade of the groomer. She sustained a comminuted fracture to her left humerus, a fracture of her left elbow and a non-displaced pelvic fracture. She also sustained a severe right frontal skull fracture. She went into respiratory arrest at the scene and was resuscitated by the patroller who had been riding the snowmobile. She was evacuated by helicopter to the trauma center. Her orthopedic injuries healed, but her skull fracture resulted in a permanent brain injury with extensive loss of function.

Plaintiff contended that the policy of bringing the groomer out into the slope, through a break in the tree line, pivoting uphill, and then driving the groomer uphill against skier traffic was unreasonably dangerous. Moreover, there was a blind area where the groomer was moving: from uphill, as she descended, a skier's visibility of the run on which the groomer was moving was either obscured or partially obscured. The ski area operator specifically approved the policy of moving groomers on open slopes with an escorting snow mobile but prohibiting actual grooming on open ski slopes. The case was tried in Circuit Court for the County of Albemarle, Virginia.

The jury awarded $8.3 million. The Supreme Court of Virginia dismissed the Defendant's Petition of Appeal on July 7, 2005. Jim Chalat co-counseled the case with Bryan Slaughter of Michie Hamlett Lowry Rasmussen & Tweel, of Charlottesville, Virginia.

Breckenridge Lift Operator Negligent

This lift accident took place on the Saturday of Thanksgiving weekend, 2006. According to the incident reports the accident took place at 11:45 am, at the top terminal, on the unloading ramp of the Quicksilver ski lift. Loading ramps are integral to the safe operation of the chairlift per ASTM standards, which are incorporated into the per se standards of negligence by the Colorado Ski Act. C.R.S. §33-44-104

Prior to Plaintiff's chair unloading, a snowboarder fell on the unloading ramp, directly in the path of where she was to unload. As Plaintiff's chair reached the "unload here" point, the lift attendant was standing to the right of the snowboarder, assisting her up and off of the ramp. The time interval between the chairs is about six seconds, and the stopping distance of the chair would permit the chair to be stopped within that period. Further, the lift can be stopped or slowed at the touch of a button - it is not something that only happens in an "emergency" - and in fact it is customarily stopped or slowed several times per day for any number of different reasons. Yet, in this instance, and despite the presence of a lift attendant at the control box, the lift was not stopped or slowed. Plaintiff was forced to unload the chair with the fallen snowboarder and the lift attendant in her path. Her ski became entangled with the snowboarder, and she fell. The fall severely injured her knee.

Because of the lift accident, Plaintiff sustained severe injuries to her left knee, including a total rupture of her left anterior cruciate ligament, a second degree tear of her left medial cruciate ligament, an associated left patellar subluxation/dislocation and significant posterior lateral bone bruising. Her anterior cruciate ligament had to be completely reconstructed using bone and tendon grafts and she underwent extensive physical therapy. Plaintiff's economic loss is comprised of approximately $70,000.00 in medical expenses.

In Colorado, a ski lift operator is required to "exercise the highest degree of care commensurate with the practical operation of the ski lift." Here, the standard for practical operation of the Quicksilver lift is well-established by the Breckenridge Lift Operations Manual. The matter settled just weeks before the jury trial was scheduled to begin for a confidential amount.

Minor Snowboarding Recklessly Collides With Stationary Skier

C.D. and others in her family were standing in open sight on the Sugar N' Spice trail, at the Sierra-at-Tahoe ski resort. Along that trail, uphill from the site of this accident, there were numerous "slow" signs and "slow ski/slide zone" signs advising skiers and riders to proceed slowly along that run. Defendant, P.K., chose to ride his snowboard at a very high rate of speed down Sugar and Spice. He executed a jump and collided with C.D. at a very high rate of speed, knocking her to the ground, rendering her unconscious, and inflicting a traumatic brain injury. The defendant admitted in writing, both in his Collision Statement and his deposition, that he was "going pretty fast." This despite the clear markings on the slope and on the map that "Sugar N' Spice" is a Slow Ski Area, and is designated by signs at the top of the Grandview Express as the "Easiest Way Down."

P.K. was a season pass holder at Sierra -at-Tahoe. He testified that he had previously snow boarded at Sierra-at-Tahoe during the 2004-2005 season "five or six" times prior to the accident. Following the incident, and before patrol arrived, a witness reported that P.K. left the scene. Counsel for plaintiff effectively argued that flight is an indication of guilt. Patrollers reported that C.D. was unconscious and unresponsive during the entire evacuation.

After immobilizing C.D. and transporting her on a snow cat, Sierra-at-Tahoe transferred her via helicopter to Washoe Medical Center. There, she was diagnosed with a severe closed head injury, a sub-arachnoid hemorrhage on the right side of her brain, and a subdural hemorrhage on the left side of her brain, causing a 5 mm shift. She also sustained a Level III liver injury. She was maintained on respiratory support in ICU for 36 hours and was extubated after 72 hours. She was transferred to a facility closer to her family, then admitted to rehabilitation unit for fifteen days. Ultimately, she was discharged with a diagnosis of traumatic brain injury and secondary cognitive deficits. The total billings for the evacuation and hospital treatment were $235,088.77.

On May 5, 2005, counsel for C.D. filed the action in California. In July, 2006, the case settled for $700,000.00.

Contact a lawyer at Chalat Hatten & Koupal PC today.

"Past results are no guarantee of future results."

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  • James H. Chalat
  • Linda J. Chalat
  • Russell Ray Hatten
  • Christopher Paul Koupal
  • Evan Phillip Banker
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Chalat Hatten & Koupal
1900 Grant Street, Suite 1050
Denver, CO 80203
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Phone: 303-502-5007
Toll Free: 866-701-7292
Fax: 303-861-0506
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