Winter in Oakland County brings with it the excitement of various outdoor activities, with winter sports taking center stage. Skiing, snowboarding, ice skating, and sledding are just a few of the beloved winter pastimes enjoyed by many residents and visitors in the area. Whether on the slopes, the rink, or sledding down a hill, winter sports provide an enjoyable way to embrace the cold months and stay active.

However, with these exciting activities come inherent risks. Accidents can happen in an instant, whether from a fall, collision, equipment malfunction, or environmental hazard. These risks highlight the importance of understanding the safety measures in place and the potential liability involved. Knowing who is responsible when accidents occur—whether it’s the venue operator, another participant, or even the individual themselves—is critical for both the enjoyment and protection of everyone involved.

Understanding Liability in Winter Sports

Negligence

Negligence refers to the failure to take reasonable care to prevent harm to others. In winter sports, negligence can occur in a variety of ways, including:

• Improper Maintenance of Facilities: For example, poorly maintained ski slopes, skating rinks, or sledding hills can increase the risk of accidents. If the equipment or the facility itself is not properly maintained—such as icy patches on walking paths, unsafe ramps, or broken safety barriers—the venue operator may be found liable for any resulting injuries.
• Failure to Provide Safety Equipment: In some winter sports, such as skiing or snowboarding, participants rely on safety gear like helmets, pads, or bindings to reduce the risk of injury. If a venue fails to provide this equipment, or if the equipment is defective, liability may fall on the operator or the company supplying the gear.

Reckless or Negligent Behavior by Participants

In winter sports, individual participants must also be aware of their own conduct. Reckless behavior, such as skiing at excessive speeds, ignoring posted signs or instructions, or engaging in risky stunts without proper training, can contribute to accidents and liability. If a participant’s negligent or reckless actions lead to injury, they may be held responsible for the damages caused to others. However, participants can also be entitled to some level of protection if another person or the venue caused the incident through negligence.

Conditions of the Environment

Environmental factors such as weather conditions and terrain can also play a major role in winter sport accidents. Slippery conditions from freezing rain, poorly lit paths, and icy trails can make accidents more likely. Venue operators have a responsibility to ensure their facilities are safe and well-maintained according to industry standards. If an accident is caused by hazardous conditions that were not properly addressed (such as failure to clear ice or snow), the facility operator may be held liable for not taking reasonable precautions to make the area safe.

Role of Consent Waivers and Releases

Many venues and event organizers require participants to sign waivers or releases before engaging in certain winter sports. These documents are designed to limit the venue's liability by informing participants of the risks involved in the activity. While these waivers may reduce the ability to hold the venue accountable for certain accidents, they are not always enforceable, especially if negligence or recklessness is involved.
In Michigan, waivers must be clearly worded and include sufficient information for the participant to understand the risks they are agreeing to. However, if a venue's negligence or failure to take reasonable precautions leads to an accident, such as failing to maintain the facility, a waiver may not protect them from liability. Courts can deem such waivers unenforceable if the injury occurred due to gross negligence or willful misconduct on the part of the facility or event organizer.

Liability for Winter Sports Operators and Facility Owners

Responsibility of Ski Resorts, Ice Rinks, and Other Sporting Facilities to Ensure Safety

Facility operators are legally obligated to provide a reasonably safe environment for those who use their services. This responsibility includes both the condition of the terrain and the availability of necessary safety equipment. If an accident occurs as a result of a failure to maintain safe conditions, the facility may be held liable.

For instance, ski resorts must regularly check slopes for obstacles, ensure snowmaking equipment is working correctly, and make sure lifts and gondolas are properly maintained. Ice rinks must ensure that the ice surface is smooth and free of dangerous cracks or debris. Additionally, venues must manage traffic flow to avoid overcrowding, which can lead to collisions and injuries.

Duty of Care of Facility Owners to Maintain Equipment and Terrain

Facility owners and operators must meet the legal standard known as the "duty of care." This means they are required to ensure that their facilities, equipment, and terrain are reasonably safe for public use. For example:

• Ski Resorts: The operators must regularly inspect ski lifts, ensure proper snow coverage, and make sure that dangerous terrain is either closed off or clearly marked. They must also ensure that trails are groomed to prevent hidden dangers, such as uneven snow, rocks, or ice patches.
• Ice Rinks: Ice rinks must maintain the quality of the ice surface, ensuring there are no cracks or rough spots that could pose a risk to skaters. Regular maintenance is necessary, and operators must also ensure that safety barriers are in place to prevent skaters from falling into dangerous areas.
• Sledding Hills and Snow Parks: Operators are responsible for ensuring sledding hills are free from obstructions, and they must monitor weather conditions that could turn a safe hill into a hazardous one. They must also provide proper signage indicating the level of difficulty of the hill, so users are aware of their skill requirements.

Common Violations by Facility Operators That May Lead to Liability

There are several violations by winter sports facility operators that could result in liability if an accident occurs:

1. Failing to Warn of Hazards: Operators must provide clear warnings about any potential hazards on their property. If a facility is aware of a danger—such as an icy patch, broken equipment, or hazardous conditions on a slope—and does not adequately warn participants, they may be held liable for any resulting injuries. Warnings can be provided through signage, verbal communication, or visual cues.
2. Improper Signage or Lack of Safety Notices: Clear signage is essential to alert participants of potential risks. For example, ski slopes should display signs indicating difficulty levels, potential hazards like cliffs or sharp turns, and closures. Inadequate or missing signage can increase the risk of accidents and contribute to liability claims.
3. Lack of Staff Training or Inadequate Supervision: Employees working at winter sports venues must be adequately trained to respond to emergencies and manage safety protocols. This includes training on how to operate ski lifts, provide first aid, manage crowded areas, and handle unruly or dangerous participants. Failure to adequately train staff can lead to poor judgment during emergencies or failure to follow proper safety procedures, increasing the risk of injury.
4. Failure to Maintain Equipment: Operators are responsible for keeping all equipment, including skis, snowboards, sleds, lifts, and other devices, in good working condition. A malfunctioning ski lift or faulty snowboard bindings can result in serious injury. If a facility fails to conduct regular safety checks or ignore equipment maintenance, they could be held liable for any accident that occurs as a result of negligence.

Liability for Participants in Winter Sports

Understanding Personal Responsibility

Winter sports participants are not only responsible for their own safety but also have a duty to act in a way that minimizes the risk of injury to others. Participants should:

1. Follow Safety Guidelines: Always adhere to posted rules and safety recommendations provided by the facility. For example, skiers and snowboarders should obey signage that indicates the level of difficulty of the trail and should not attempt runs that are too advanced for their skill level. Ice skaters should avoid skating too quickly near others and be cautious of falling.
2. Use Proper Equipment: Ensuring that all equipment is in good condition is an essential part of personal responsibility. This includes wearing appropriate protective gear, such as helmets, wrist guards, and padding, where applicable. It is also important to check that skis, snowboards, or other equipment are securely fastened and well-maintained before use.
3. Be Aware of Your Surroundings: Participants should always be aware of their environment and other people on the slopes or ice. Whether skiing, snowboarding, or ice skating, participants should constantly monitor their surroundings to avoid collisions with other participants or obstacles on the terrain.
4. Control Your Speed: Winter sports can be exhilarating, but participants must always maintain control of their speed to avoid accidents. Losing control, whether on skis, a snowboard, or a sled, can lead to collisions with others or hazardous obstacles.
5. Respect Others: Good etiquette and respect for others are essential in preventing accidents. For instance, skiers and snowboarders should give right of way to those ahead of them, especially in crowded areas. Ice skaters should avoid reckless behavior, such as skating at high speeds or failing to yield to others.

Shared Liability in Cases of Accidents Involving Multiple Parties

In winter sports accidents, liability may not always fall squarely on one party’s shoulders. In some cases, multiple parties may share liability for an incident. This is particularly true if negligence or careless actions by multiple participants contributed to the accident.

For example:

• Collision Between Skiers or Snowboarders: If one skier crashes into another because of excessive speed, failure to follow proper guidelines, or reckless behavior, both participants may share responsibility. The first skier may be deemed liable for skiing too fast without control, while the second skier may also be partially at fault if they were not following posted rules (e.g., skiing out of bounds or not yielding the right of way).
• Accidents Involving Multiple Ice Skaters: If two ice skaters collide because one of them was skating at high speed or not following safety protocols, both skaters could be found partially responsible for the incident. Even though the ice rink operator has a duty to maintain the facility, participants also have a responsibility to skate safely and be aware of other skaters.

What Happens When Participants Are Injured Due to Another Person’s Reckless Behavior?

When a participant is injured due to another person’s reckless behavior, the injured party may have grounds to pursue a personal injury claim. Common examples of reckless behavior that can lead to liability include:

• Skiing or Snowboarding Out of Control: If a skier or snowboarder is traveling at excessive speeds or in an erratic manner and crashes into another person, they could be held liable for the injury caused.
• Pushing or Shoving on Ice: On ice rinks or in other winter sports environments, pushing or shoving other participants can lead to falls and serious injuries. If another participant is acting recklessly by engaging in these dangerous behaviors, the injured party may be entitled to compensation for their injuries.
• Ignoring Safety Protocols: Some participants may deliberately disregard safety guidelines, such as entering closed areas of a ski resort or ignoring safety rules on the ice. If such behavior directly leads to an accident, the responsible party can be held liable for the resulting injuries.

Conclusion

Safety and personal responsibility are key to preventing accidents on the slopes, ice rinks, and other winter sports environments. Participants should always follow safety guidelines, use appropriate equipment, and maintain awareness of their surroundings to minimize the risk of injury. Reckless behavior, whether due to negligence or intentional actions, can lead to serious accidents, and those responsible can be held liable for the damages.

For those who suffer injuries due to the recklessness or negligence of others, legal recourse may be necessary. Injured parties have the right to seek compensation for their medical expenses, lost wages, pain, and suffering through insurance claims or personal injury lawsuits. It’s essential to consult with a knowledgeable attorney to navigate these complex legal issues and ensure that justice is served.

If you or someone you know has been injured in a winter sporting accident in Oakland County, don’t hesitate to reach out to Marko Law. Our experienced attorneys are here to help you understand your legal rights, protect your interests, and pursue the compensation you deserve.

Contact Information for Marko Law
220 W. Congress, 4th Floor
Detroit, MI 48226
Phone: 1-833-MARKO-LAW | 1-313-777-7LAW
www.markolaw.com