Idaho Law Blog
Idaho is a magnet for skiers. Here is a video of Pocatello native Sander Hadley doing tricks he learned at Pebble Creek, just up the road from his home as a boy.
Most people would agree that if Sander gets hurt doing his back-country acrobatics, it is no one’s fault but his own. He knew the risks, and he accepted them. But most people stick to the groomed trails, and they don’t ski on the extremes like Sander. They also don’t ski as well as Sander, so they get hurt, too. Who is liable when the average skier is injured on the slopes?
The law treats the average skier on the groomed trails pretty much the same as we just treated Sander in the backcountry. You risk life and limb when you hit the slopes, and as a skier you mostly accept that risk. The ski slope operator probably will not be liable for your personal injuries.
In Idaho, there is a statute, passed by the Legislature in 1976, which sets this principle in stone. Not just for skiers, but for everyone using the outdoors for recreational purposes. And the indoors, for that matter. Called the Recreational Trespass Act, it shields landowners from any liability when they permit others to use their land for recreational purposes. By “land,” I mean land, cliffs, roads, fences, buildings, or anything else attached to the land, which the owner permits others to use without charge. “Landowner” includes occupants of the land, such as the operator of a ski area.
Under the statute, the owner has no obligation to fix any dangerous conditions, or even to warn you about them. If the owner does try to warn you, he still has no liability, even if the sign falls down or he makes the problem worse. The law is intended to encourage landowners to let the public use their land. As long as the landowner is not charging a fee, there are very few circumstances in which the landowner will be liable for a recreational user’s personal injuries. Which means that the resort operator is not at fault, as far as the law is concerned, when you ski into a tree.
“Aha!” you say. “They charged me for a lift ticket! The law doesn’t apply!” Nice try, but no cigar. Read your ticket; the owner is charging you for the privilege of riding the lifts, not skiing the slopes. At most resorts, if you want to walk up to the top of the mountain, you can ski for free all day long. So the Act applies, as long as you are on the ground.
On the lift, though, is another matter. The Act does not shield the owner from liability for personal injuries caused by his careless, negligent, or reckless operation of the lifts. And, of course, if you suffer personal injuries caused by a reckless skier, the Act does not apply to him at all.
If you have suffered an injury on the slopes that you believe was caused by the negligence of another, a good Idaho personal injury lawyer can help you sort it out. We would be honored to consult with you about it.