Safety and Legal Issues for Skiers and Snowboarders
In 2007, there were 101,111 hospital/emergency room visits for ski-related injuries in the United States according to data from the Consumer Product Safety Commission's (CPSC) National Electronic Injury Surveillance System (NEISS).
April 29, 2009 /24-7PressRelease/ -- Safety and Legal Issues for Skiers and Snowboarders
Article provided by Chalat Hatten & Koupal. Please visit our Web site at http://www.chalathatten.com.
Skiing and snowboarding are extremely popular in Colorado. During the 2007-2008 ski season, Colorado had 28 ski areas in operation according to the National Ski Areas Association (NSAA). The NSAA also reports that over 21 million skiers visited ski areas in the Rocky Mountain region, which includes Colorado, during 2007-2008. While both skiing and snowboarding can be fun and safe activities for a wide variety of age groups, unfortunately, a large number of ski-related accidents and injuries do occur every year. The recent and tragic death of actress Natasha Richardson, who died after suffering a head injury after falling while skiing in Canada, has focused attention on the important issues of ski safety and obtaining medical attention after a ski accident.
Ski Injury and Accident Statistics
In 2007, there were 101,111 hospital/emergency room visits for ski-related injuries in the United States according to data from the Consumer Product Safety Commission's (CPSC) National Electronic Injury Surveillance System (NEISS). NEISS is a probability sample of US hospitals. NEISS hospitals collect information about patients who visit the emergency room because of an injury due to the use of consumer products.
In the 2007-2008 ski season, there were 41 serious injuries in the US, which includes paraplegia, serious head injuries and other serious injuries, according to NSAA data. Of those seriously injured, 32 were skiers and nine were snowboarders. This equates to a serious injury rate of .68 per million ski/snowboard visits.
The NSAA reports that there were 44 ski-related deaths and nine snowboarder deaths in the 2007-2008 season in the US. This equates to a fatality rate of .88 per million visits. The majority of these 53 deaths were males (38 male skiers and eight male snowboarders).
Collision Accidents
The NSAA estimates that collisions with other skiers or snowboarders account for about 6.4 percent of all ski accidents. The NSAA recommends several steps that skiers can take to avoid collisions, including:
• Staying in control/not skiing too fast
• Stopping in a safe place on the hill
• Looking uphill and yielding when beginning down the slope or merging
• Following posted warnings and signs
Under Colorado law there is a presumption that the uphill and overtaking skier is at fault for collision accidents because he or she is uphill, can see what or who is below and can try to avoid hitting a person or object. The Colorado Ski Safety Act (Colo. Rev. Stat. Ann. §§ 33-44-101 to 33-44-114) outlines duties for skiers and operators of ski areas. Generally, skiers have a duty to maintain control and use caution when skiing. In addition, skiers, sledders and snowboarders have the duty to ski within their abilities and, if they are the uphill skier, the duty to avoid a collision. A violation of these duties constitutes negligence. Even young children can be negligent under the Act.
Protect Yourself by Wearing a Helmet
The NSAA has done studies about helmet usage and found that generally, advanced skiers are more likely to wear helmets than beginner skiers. In addition, children are more likely than adults to wear helmets. A 2007-2008 NSAA study found that 43 percent of skiers and snowboarders in the US wore helmets, which was a 40 percent increase over the previous year. That same study found that among children aged 9 years old and younger, 70 percent wore helmets, and among children ages 10-14, 60 percent wore helmets. A similar number (59 percent) of adults over the age of 65 wore helmets. Men between the ages of 18-24 were the least likely to wear helmets (only 32 percent).
Wearing a helmet while skiing or snowboarding can significantly reduce the severity of head injuries sustained during a collision, fall or other accident. The CPSC estimates that about 14 percent of all skiing and snowboarding injuries are head injuries. A 1999 CPSC report stated that the severity of 44 percent of head injuries in adults and 53 percent of head injuries in children under the age of 15 could be reduced by wearing a helmet. The report also concluded that 11 skiing and snowboarding deaths attributable to head injuries might be prevented by the use of helmets. The CPSC concluded that using helmets will reduce the risk of head injuries caused by skiing and snowboarding accidents.
If You Are Injured in a Ski Accident
If you collide with another skier or fall when snowboarding, it is extremely important to seek medical attention, even if you feel fine and don't exhibit any signs of injury. You may have a head injury or other internal injury and not realize it. After obtaining medical treatment for your injuries, it is a good idea to speak to an attorney who can determine whether you may be able to file a lawsuit to recover compensation for your injuries.
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