Skiing and snowboarding are thrilling sports enjoyed by millions, but they are not without risks. One of the most common questions after a snowboarding or skiing accident is: "Can I sue another skier if I get hurt while skiing?" The answer is yes, under the right circumstances, especially if the injury is due to another skier’s negligence.
This case demonstrates how one snowboarding accident led to a severe wrist injury, two surgeries, and a substantial $250,000 settlement for the injured snowboarder.
The Snowboarding Accident at Wachusett Mountain in Massachusetts
In February 2022, our client, a novice snowboarder, was enjoying a day at Wachusett Mountain on the Indian Summer Trail. While navigating the trail, he was struck from behind by two other snowboarders who were not following the safety rules required on the mountain. These snowboarders collided with our client at high speed, sending him to the ground in a hard fall.
Under Massachusetts law, skiers and snowboarders have a duty to avoid collisions with people below them and in front of them on the slope. This means that anyone skiing downhill must be aware of their surroundings and maintain control of their speed to prevent accidents.
Unfortunately, the snowboarders in this case failed to uphold that duty, violated the mountain’s safety rules, and were responsible for the injuries they caused when they collided with our client.
The Wrist Injury and Immediate Treatment
When the snowboarders recklessly collided with our client, he instinctively extended his left hand to break his fall. Breaking his fall this way caused a severe fracture to his wrist. He was immediately attended to by ski patrol at the mountain, who placed his wrist in a temporary splint and advised him to seek further medical care. He was then transported to UMass Memorial Medical Center where X-rays revealed a severe wrist fracture – an impacted, intra-articular fracture of the distal radius, a complex and painful injury.
The severity of the injury required an emergency closed reduction procedure to realign the bones, followed by surgery two days later. During the surgery, plates, screws, and locking pegs were used to stabilize the fracture. This type of fracture is extremely difficult to recover from, especially in a person’s dominant hand, as was the case here.
Long-Term Consequences of the Snowboarding Accident Injury
While the initial surgery successfully stabilized the wrist injury, the recovery process was long and arduous. Our client underwent several months of occupational therapy to try to restore mobility and strength to his wrist. He faced significant challenges in regaining full function of his hand, which affected his ability to perform even basic daily tasks. Simple tasks like dressing, bathing, and driving were impossible for months after the injury. A year after the accident, he remained unable to perform many everyday tasks as he once did, including basic work functions in his job as an HVAC professional.
In addition to the pain and limitations in movement, he also experienced numbness and tingling in his fingers, which was later diagnosed as neuropraxia, a form of nerve damage caused by the trauma of the injury. Unfortunately, despite medical treatment, this nerve damage persists, leaving our client with lasting functional limitations.
As a left-hand dominant HVAC professional, the injury severely impacted his ability to work. Our client was out of work for 12 weeks, leading to over $12,000 in lost wages. Even after returning to his job, he had to make significant adjustments in how he performed tasks, particularly those requiring fine motor skills, such as splicing and repairing electrical wiring. His work, which often involves fine motor skills and heavy lifting, has been permanently altered by this injury.
Can You Sue Another Skier or Snowboarder for a Skiing Accident in Massachusetts?
This case highlights an important question for many people involved in skiing and snowboarding accidents: Can I sue another skier or snowboarder if I get hurt skiing? In Massachusetts, the answer is yes—if the other skier or snowboarder is at fault due to reckless or negligent behavior.
According to Massachusetts law, skiers and snowboarders are responsible for avoiding collisions with others who are downhill. In this case, the snowboarders who collided with our client were violating this rule, making them liable for the injuries and damages that followed.
Don’t be quick to decide who is “at fault” for your accident, either. It is always important to consult a personal injury lawyer. Even if you were partially to blame for the accident, you may still have a good case against the other peron.
The Legal Outcome: $250,000 Settlement
Despite the clear liability of the snowboarders who caused the accident, the homeowners' insurance companies initially offered a low settlement. However, at Spada Law Group, we worked diligently to secure fair compensation for our client. After presenting the extensive medical evidence, lost wages, and the long-term impact of the injury, we were able to settle the case for $250,000 without going to trial.
This settlement covered the client’s medical expenses, lost wages, and accounted for the ongoing pain, suffering, and permanent limitations caused by the injury.
Contact Spada Law for a FREE Consultation if You are Injured In a Skiing Accident or Snowboarding Accident
If you were injured in a skiing or snowboarding accident due to someone else’s negligence, you may have the right to sue for compensation. Skiing accidents and snowboarding accidents can lead to serious, life-altering injuries, and it’s essential to understand your legal rights in these situations. At Spada Law Group, we have extensive experience handling personal injury cases involving skiing accidents, and we are here to help you get the compensation you deserve.
Contact us today to learn more about your legal options if you’ve been hurt in a skiing accident or are wondering, "Can I sue another skier if I get hurt skiing?"