Still More on Legal Liability in Recreational Sports:  This is quickly becoming the topic of the summer (see here, here, and here).  The Connecticut Supreme Court has ruled that in skiing, a negligent collision can lead to legal liability.  In addition, the court ruled that a ski area operator can be liable for a collision, if caused by an employee, despite a state statute that says skiers assume the risk of "collision with any other person by any skier while skiing."

 

The plaintiff in the case was injured while skiing when she collided with a ski instructor, allegedly because of the instructor's negligence.  She sued in federal court and the judge certified two questions of state law: (1) Does a skier assume the risk of an employee-caused collision, thereby foreclosing a negligence action against the ski area? and (2) Does Connecticut extend the doctrine of Jaworski v. Kiernan to the sport of skiing? In that 1997 case, the state supreme court ruled that in order to sue in tort, the injuries from a collision in an amateur soccer game had to arise from intentional or reckless conduct, not mere negligence.

 

The majority "compared skiing to golf, running and bicycling, where physical contact is unusual, as opposed to football, hockey and basketball, where contact is expected."

 

This is a fascinating case which raises even more questions about the legal liability of not only those that participate in, but also those that provide recreational sporting opportunities.  It could also have a drastic impact on the skiing industry, as any increase in potential legal liability can cause slopes to close or raise their prices.  A 1978 Vermont court decision assigning legal liability to a ski resort resulted in a slew of legislation protecting the economically valuable ski providers.

 

You can read more on skiing and the law here and here.

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