Collision on a Utah Ski Slope: Can You Sue Another Skier or Snowboarder?
General information, not legal advice. Read the full disclaimer.
Short answer: Utah's ski statute lists "collisions with other skiers" among the inherent risks of skiing (Utah Code § 78B-4-402(1)(f)), and says a skier may not make any claim against, or recover from, a ski area operator for injury resulting from those inherent risks (§ 78B-4-403). That protection is written for the operator. The statute text we reviewed doesn't say that you can't sue another skier or snowboarder who collided with you; a claim against an individual is judged by ordinary negligence law and Utah's comparative fault rule, and the facts — who was uphill, speed, control, visibility, intoxication — matter. Because a lift ticket or pass may contain a release, and minors can't waive claims by a parent's signature (§ 78B-4-405(2)), read your paperwork.
Who this guide is for
Skiers, snowboarders, and parents of children hurt in collisions at Utah resorts and backcountry-adjacent areas (Park City, Deer Valley, Snowbird, Alta, Brighton, Solitude, Snowbasin, Powder Mountain, Sundance, Beaver Mountain, Brian Head and others).
What the ski statute says
- Inherent risks include changing weather, snow and ice conditions, surface and subsurface conditions, terrain variations (including terrain parks and features), impact with lift towers and structures, collisions with other skiers, participation in competitions, and the failure of a skier to ski within their own ability (§ 78B-4-402(1)).
- Bar against claims against the operator for injury from inherent risks (§ 78B-4-403).
- Trail boards must list the inherent risks and limitations on liability (§ 78B-4-404).
- Waivers: a skier may sign a pre-injury waiver, but neither a minor nor the minor's parent or guardian may enter into a waiver (§ 78B-4-405).
- The definition of "skier" includes snowboarders, sledders, tubers and others using devices in a ski area.
See Utah Ski Resort Injury Claims.
Suing another skier
The statute we reviewed addresses the operator. For a claim against an individual:
- Negligence standard. The question is whether the other skier failed to use reasonable care — skiing too fast for conditions, out of control, uphill skiers not yielding, stopping in a blind spot or in the middle of a trail, or being impaired.
- Industry safety codes. Ski areas publish responsibility codes (such as "people ahead of you have the right of way"). These are guidance, not Utah statutes, though a lawyer may use them as evidence of reasonable behavior.
- Comparative fault. Your own conduct counts. Under § 78B-5-818 your fault doesn't alone bar recovery, but you can recover only from defendants whose fault combined exceeds yours. See Utah's Comparative Fault Rule.
- Hit-and-run skiers. If the other skier leaves, identification is the problem; ski patrol, witnesses and lift-line cameras can help.
- Insurance. A skier's homeowner's or renter's policy may cover liability for accidental injury, subject to exclusions. Your own health insurance and any PIP don't apply unless a motor vehicle was involved.
Other possible defendants
- The ski area — only if the injury wasn't from an inherent risk (for example, a negligently operated snowcat or defective equipment). See Utah Ski Resort Injury Claims and Utah's Product Liability Act Explained.
- A rental shop for faulty bindings.
- A ski school or instructor.
- A government land manager on public land: notice rules apply. See How to File a Notice of Claim Against a Utah Government Entity.
What to do after a ski collision
- Get ski patrol and ask for an incident report.
- Collect names and contact information of the other skier and witnesses.
- Photograph the location, trail signs and conditions.
- Keep your lift ticket, pass and any signed waiver.
- Get medical care and keep records. See Utah Concussion and Traumatic Brain Injury Claims.
- Mind the deadline: many claims have four years; minors' claims are tolled during minority. See Utah Personal Injury Statute of Limitations.
Frequently asked questions
Can I sue a Utah ski resort over a collision with another skier?
The statute treats collisions with other skiers as an inherent risk and bars claims against the operator for injuries resulting from inherent risks.
Can I sue the other skier?
The ski statute doesn't bar it in the text we reviewed; ordinary negligence and comparative fault rules apply.
Does my child's lift ticket waiver bind them?
A parent can't waive a minor's claim against a ski area operator under § 78B-4-405(2), though the inherent-risk bar still applies.
What if the other skier skied away?
Report to patrol immediately and gather witness and camera information.