Can a Ski Accident result in a Wrongful Death Claim?
Losing a loved one is incredibly painful, coupled with a sudden and tragic accident that you weren’t expecting can be even more devastating. When a person gears up for the mountain after fresh powder has fallen, the last thing on their minds is suffering a fatal accident. When the right safety precautions are taken, skiing can be an enjoyable and thrilling recreational activity. In the event that someone you know has passed away from a ski accident, it may be possible to file a wrongful death claim against the ski resort or others who may have contributed to the accident.
What is Wrongful Death?
A wrongful death lawsuit is when a person dies as the result of an accident that someone else is responsible for. When a loved one dies due to another’s negligence, family of the loved one are entitled to file a wrongful death suit. Examples of situations that could involve possible wrongful death claims include: murder, personal injury such as skiing or even a car accident, or an injury in the operating room as the result of medical malpractice. In order to prove that a person or company is responsible for a person’s death, an attorney must be able to prove that the defendant did not act within their duty of care. Duty of care is the responsibility that a person has to prevent injury or harm to another person.
Ski Related Accidents
There are a number of ways that a person can be injured when they hit the slopes. Depending on the severity of the accident, the repercussions could even mean death to the victim. If the accident was the result of another person’s negligence, filing a wrongful death suit may be an appropriate next step. People whose negligence contributed to someone’s wrongful death could include another skier, ski patrol, or even the resort. When skiing or snowboarding, there are a number of accidents that a person is vulnerable to:
- A collision with another skier or snowboarder
- Insufficient instruction when receiving lessons
- When a chairlift malfunctions or does not work appropriately
- Colliding with other objects such as trees or barriers
- Poorly maintained trails
Determining when to file a wrongful death claim and how to do so can be determined with the help of an attorney such as the wrongful death lawyer Phoenix, AZ locals turn to who has knowledge of wrongful death lawsuits. The process can be a stressful and complex one for a person already grieving the sudden death of a loved one. An attorney will be able to provide you with the legal guidance required to move through the process of a wrongful death lawsuit.
Thanks to authors at Kamper Estrada LLC for their insight into Personal Injury Law.