Denise Thompson and Robert E. Thompson, Jr. v. Killington/Pico Ski Resort Partners, LLC

Burlington, Vermont personal injury lawyer represented the Plaintiff who sued the Defendant on a negligence theory.



Plaintiffs claimed that they suffered more than $75,000 in damages and/or injuries.



Vermont ski resort injury negligence law sits at the intersection of personal injury law and recreational sports. It's a unique area with specific statutes and considerations that differ from traditional negligence claims. Here's a breakdown of the key points:



Duty of Care:



Ski resorts owe a duty of care to their patrons to maintain the slopes and facilities in a reasonably safe condition for their intended use. This includes marking hazards, keeping trails maintained, and providing adequate signage and warnings.



Assumption of Risk:



Inherent in skiing is the assumption of risk. Skiers voluntarily accept the inherent dangers of the sport, like uneven terrain, changing weather conditions, and collisions with other skiers. This makes proving negligence against a ski resort challenging.



Vermont Statutes:



12 V.S.A. § 1037: Skiers assume "the dangers that inhere therein insofar as those are obvious and necessary." This limits liability for obvious risks associated with skiing.

12 V.S.A. § 1038: This statute limits liability for accidents outside designated trails. Ski resorts are not responsible for injuries sustained beyond open and marked trails, where the inherent risks of skiing are heightened.



Proving Negligence:



To hold a ski resort liable, the injured party must demonstrate:

The resort breached its duty of care by failing to maintain the slopes or facilities in a reasonably safe condition for their intended use.

This breach directly caused the accident and resulting injuries.

The injury did not occur outside of designated trails.



Additional Considerations:



Rescue Costs: Skiers are liable for rescue expenses incurred when skiing outside designated trails.

Statute of Limitations: There is a one-year statute of limitations for filing ski injury lawsuits in Vermont.

Ski Area Waivers: While some ski resorts present liability waivers, Vermont courts have largely invalidated these as unconscionable attempts to escape all responsibility.



Seeking Legal Counsel:



Navigating Vermont ski resort injury claims is complex. Consulting an experienced personal injury attorney familiar with this specific area of law is crucial for assessing your case, gathering evidence, and understanding your legal options.

Settled for an undisclosed sum and dismissed with prejudice.