I broke my leg while skiing; can I sue?

This article was originally published by The Hamilton Spectator.

Q: I broke my leg on a ski hill during a ski lesson. Do I have a legal case?

A: Skiing and snowboarding can be fun and safe winter activities, but they are also potentially dangerous sporting activities with inherent risks. The most common incidents involve collisions with other skiers and objects, accidents due to equipment failure and injuries due to inadequate instruction.

If your injury was caused by the negligence of another party, you may be able to sue the at-fault party for your damages. If you collided with a skier or snowboarder who was behaving recklessly or carelessly, you may have a claim against this person. If the ski hill terrain was poorly designed or maintained, you may have a claim against the parties responsible for these duties. You may also have a claim against your instructor and the ski resort owner/operator if you were improperly instructed or you were led to a terrain that was beyond your capability level.

Given the high risk of personal injuries, ski facilities have developed methods such as waivers to protect themselves from liability. Before hitting the slopes, understand the risks and take proper safety precautions.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Ross & McBride professionals will be pleased to discuss resolutions to specific legal concerns you may have.