Gov. Polis has declared legal services as essential and so are your legal needs! Our law firm is still open for business and accepting new clients. While our physical office is closed to protect the health and safety of our employees and clients during the evolving COVID-19 Coronavirus situation, we are offering new and current clients the ability to meet with us via email, telephone or through videoconferencing. Please call or email our office to discuss your options. We realize there may be some delays, but we will do our best to return your message as quickly as possible.
Tomazin, Hillyard & Clor, LLP
한국어 문의 가능합니다
Se Habla Español
Call today for a free consultation
한국어 문의 가능합니다
Se Habla Español
Award-Winning Personal Injury Lawyers

Colorado wrongful death suit filed over skier’s avalanche death

| Oct 14, 2012 | Uncategorized |

In January of this year, six friends were skiing at a Colorado ski resort when tragedy struck. An avalanche released from the top of the mountain, catching one of the skiers and transporting him through a spruce forest. The 13-year-old boy ultimately came to rest against a tree, but not before he suffered the blunt force trauma that caused his death.

Last summer, the boy’s parents filed a wrongful death lawsuit against Vail Resorts, the operator the ski mountain on which the boy was killed. In their suit, the parents claim that the resort did not take the necessary precautions to protect their son from the avalanche that caused his death, and as such, that they did not comply with Colorado’s Ski Safety Act.

Recently, Vail Resorts filed a response to the parents’ lawsuit, stating that the avalanche was not covered by the Ski Safety Act because it is “one of the inherent dangers and risks of skiing,” and that it is therefore not actionable under the law. The parents have countered that claim, stating that the law says nothing about an avalanche and that the lawmakers who created the act did not intend “inherent dangers and risks of skiing” to include such an incident.

Specifically, the parents claim that a risk that “may be eliminated by the employment of reasonable safety measures” is not an inherent danger under the act. As such, they claim, the resort’s failure to protect their son from the risk of the avalanche, by closing the ski run on which he was killed, makes the resort ultimately responsible for his death.

Under Colorado law, wrongful death awards are capped at $250,000 for children. It remains to be seen how this suit will be resolved.

Source: Vail Daily, “Avalanche not an ‘inherent’ skiing risk, lawsuit says,” Randy Wyrick, Oct. 14, 2012

Badge 2
Tomazin, Hillyard & Clor, LLP Attorney Rating Badge. 5.0 out of 5 reviews.
Thomas J. Tomazin Super Lawyers Badge
Penelope L. Clor Super Lawyers Badge
Neil A. Hillyard Super Lawyers Badge
FindLaw Network