Featured News 2013 Personal Injury Possibilities: Skiing and Snowboarding

Personal Injury Possibilities: Skiing and Snowboarding

While media attention has been focused on the injury rates in sports such as football and soccer, snowboarding and skiing can be potentially dangerous sports as well, resulting in anything from a sprain to a permanent spinal cord or head injury. The CDC has reported an escalating injury rate in these sports, which will not be helped by skiers and snowboarders trying for faster speeds and fancier tricks. These injuries may even be the basis for a personal injury or wrongful death suit.

These injuries can come from all manner of accidents. Another skier or snowboarder crashing into another is one of the most common of these accidents. Injuries could also be the result of a fall or crash involving a tree, fence, or sign. There can also be incidents with chair lifts or with equipment. Perhaps an instructor left something crucial out, something that could have averted the accident.

So when would an accident lead to a lawsuit? Whenever negligence causes an accident, there can be the necessary grounds for a personal injury claim. Of course, this is something that you would have to prove. You might be able to prove negligence if another skier (or snowboarder) collided into you because they were being reckless. Perhaps you can prove that the mountain lacked necessary markers or maintenance, or perhaps there was a dangerous flaw in the design. You might also be able to prove that an instructor was negligent if they took you down a slope far above your ability.

But the negligent party may have been nowhere near that mountain. Sometimes a manufacturer is to blame. Did a chair lift malfunction? Was any of your equipment faulty? If you can prove that there was a defect, then you might have a product liability case. You would also have to prove that you were injured, and that this injury was directly caused by the product's defect.

Now before you file a lawsuit, you will have to be aware that a defendant potentially has a powerful defense: assumption of risk. Sometimes defendants can deflect blame for an accident back onto you if they can say that your injuries were a known risk that you assumed by participating in skiing or snowboarding. In football for example, someone could say that a concussion was a known risk assumed by the player, that the helmet maker or coach cannot be held liable. As everyone knows that certain risks are a part of skiing and snowboarding, some lawsuits can be overcome by this defense. You can consult with a personal injury lawyer to determine if your case is strong enough to withstand this argument.

If you have a good case, you may be able to recover damages, or a financial payout that is meant to compensate you for pain and suffering, medical expenses, and more. Lost wages could be included in this compensation as well if the injury meant you had to take time off work. After all, even broken bones are enough to keep someone from being able to work, and the medical costs can be astronomical.

Now while it may be clear that you deserve to be compensated for someone else's negligence, collecting this compensation is not a straightforward matter. A snowboarding or skiing lawsuit can be a highly technical matter, and the laws that affect a case can vary wildly from state to state. Your chances for success will be greatly bolstered if you can find an experienced personal injury attorney, especially a local representative who is familiar with the laws involved on your claim.

Find out how much your case could be worth when you contact a personal injury lawyer today! In our directory, you can find the legal advocate you deserve to have represent you.

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