Q: If another person injured me on a ski slope can I hold the ski resort responsible too?
A: Potentially, though I would say the ski injury issue is still an open question in Oregon. In the past, due to the inherent risks of skiing, you could not recover against the ski resort. I would suggest finding an attorney who has actually handled these types of cases to consult with.
A:
Read this article: http://www.chalatlaw.com/skilaw/ski-laws-by-state/oregon-ski-law/, then read ORS 30.970 to 30.990 https://www.oregonlaws.org/ors/30.970. Note that ORS 30.980 creates a requirement that the ski operator has to be notified of the injury in writing by registered or certified mail within 180 days of the accident and any lawsuit has to be filed within two years. Each statute has a tab that says "annotations". Pay attention to these tabs and click on them. Annotations are the summaries of relevant cases that interpret the statutes. Here is one page you should read: https://www.oregonlaws.org/ors/30.975 The summaries on this page indicate that if the accident is due to the inherent risks of skiing, the ski resort operator is not liable for damages but if it is dues to the negligence of the ski resort operator, you might be able to recover: Collision between skier and ski instructor employed by ski area operator was not collision with another skier that skier accepts as inherent risk of skiing. Nolan v. Mt. Bachelor, Inc., 317 Or 328, 856 P2d 305 (1993)
(Caveat: Keep in mind that new cases are decided faster then the owner of this website can update their pages so you will need an attorney to research if newer cases change what is published here.)
So the answer to your question is MAYBE. You will need to consult with a lawyer that can help you review the current law and apply it to the facts of your situation. You will also have to establish that you either gave the required notice to the ski resort by registered or certified mail within 180 days or that there is still time to do this.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
