Short answer: Utah law says a skier cannot recover from a ski resort for injuries caused by the “inherent risks of skiing.” But that phrase has limits. An injury caused by a hazard the resort could have fixed with reasonable care, or by another skier’s carelessness, can still lead to a claim.
Most people assume a ski injury is simply part of the sport and nobody is responsible. Often that is true. Sometimes it is not, and the difference usually comes down to what caused the fall and who could have prevented it.
What Utah’s Inherent Risks of Skiing Act Says
Utah’s ski law is found in Title 78B, Chapter 4, Part 4 of the Utah Code. The Legislature’s stated purpose is to establish that certain risks are inherent in skiing and that a skier may not recover from a ski operator for injuries caused by those risks (Utah Code 78B-4-401). The bar itself is in Utah Code 78B-4-403: a skier may not make a claim against, or recover from, a ski area operator for injury resulting from the inherent risks of skiing.
The statute defines those risks as dangers or conditions that are an integral part of the sport, and it lists examples (Utah Code 78B-4-402):
- Changing weather, and snow or ice conditions of every kind, including machine-made snow
- Bare spots, rocks, stumps, trees, cliffs, streambeds and other natural objects
- Steep or varied terrain, including terrain parks, jumps, rails and half pipes
- Impact with lift towers, signs, posts, fences, hydrants and other structures
- Collisions with other skiers
- Competitions, training and special events
- A skier’s failure to ski within their own ability
The law covers more than skiers. “Skier” includes anyone at a ski area to ski, snowboard, jump, or use a sled or tube. Resorts must post trail boards listing the inherent risks and the limits on their liability (Utah Code 78B-4-404).
Where an Inherent Risk Ends and Resort Negligence Begins
The list is broad, but it is not a blanket shield for everything a resort does. In Clover v. Snowbird Ski Resort, 808 P.2d 1037 (Utah 1991), the Utah Supreme Court read the earlier version of the act as protecting resorts from dangers skiers accept as part of the sport, and from hazards no one wants but that cannot be removed with reasonable care. A hazard the resort could have eliminated or warned about through reasonable care is a different matter. That case was decided before the 2020 rewrite of the statute, and how the current list applies to a specific injury is often the main fight in these cases.
Situations that may fall outside the inherent risks, depending on the facts, include:
- An employee skiing or snowboarding recklessly and hitting a guest
- A snowmobile, snowcat or grooming machine operated carelessly on an open run
- Equipment the resort rented that was adjusted or maintained improperly
- Lift loading or unloading problems caused by how the lift was operated
- A slip on an icy walkway, stairway or deck at the base area, away from the slopes
None of these is automatically a winning claim. Each one turns on what happened, what the resort knew, and whether the risk was one the statute puts on the skier.
Hit by Another Skier or Snowboarder
Collisions with other skiers are on the statute’s list, which means you generally cannot hold the resort responsible just because another guest ran into you. But the bar in 78B-4-403 applies to claims against the ski area operator. By its terms, it does not stop you from bringing a claim against the person who hit you.
A skier who was going too fast for the terrain, skiing out of control, or not watching downhill traffic can be responsible for the harm they cause, the same as anyone else whose carelessness injures someone. The practical problems are identifying that person and finding coverage. Some people have homeowner’s or renter’s policies that may apply to liability away from home, but whether a given policy covers a ski collision depends on its language.
If you are hit, try to get the other person’s name and phone number before they leave, and ask ski patrol to take their information too. A collision with a stranger who skis away is hard to pursue later.
Lift Injuries
Lift towers and their components are listed as inherent risks, so skiing into a tower is usually treated as part of the sport. The statute’s list does not mention falls from a chair or injuries while loading and unloading. Those claims depend on the evidence: whether the lift was run properly, whether the operator responded to a fall or a problem at the ramp, and what the lift’s records show. Get the name of the lift and the time, and report the injury to lift staff or ski patrol right away.
Releases and Waivers on Your Pass or Rental
Most season passes, lift tickets and rental forms include release language. For years, releases like these were not enforceable against ski resorts in Utah. In Rothstein v. Snowbird Corp., 2007 UT 96, the Utah Supreme Court held that the releases in that case were contrary to the public policy of the state and unenforceable.
That changed in 2020. The Legislature added Utah Code 78B-4-405, which now allows a skier to agree before an injury to waive a claim against a ski area operator or release the operator from a claim. The same section says a minor, or a parent or guardian on the minor’s behalf, may not enter into an agreement waiving a claim under that provision.
A signed release is not always the end of the question. What the document actually says, what it covers, who signed it, and whether the claim is against the resort or someone else all matter. Keep a copy of anything you signed or clicked through when buying the pass.
A Cap on Some Damages Against Resorts
For claims against a ski area operator that are not barred, the statute limits noneconomic damages, such as pain and suffering, to $1,000,000 for claims arising on or after May 12, 2020 (Utah Code 78B-4-406). The cap does not apply to punitive damages or wrongful death claims, and it does not limit medical bills or lost wages. Our overview of damages in Utah personal injury cases explains the difference between these categories.
What to Do After a Ski Injury
- Report the injury to ski patrol before you leave the mountain, and ask for a copy of the incident report or its number.
- Photograph the spot where you fell or were hit, including any hazard, sign or missing marker, as soon as it is safe.
- Get names and phone numbers of anyone involved and anyone who saw it.
- Keep your lift ticket or pass, rental agreement, and any equipment involved. Do not have rented gear readjusted before it is looked at.
- Get medical care, and tell the provider how the injury happened.
- Write down what you remember that day, including the run name, the time and the conditions.
Timing matters too. Utah’s general deadline for most injury lawsuits is four years (Utah Code 78B-2-307), and a claim against a government entity requires a written notice of claim within one year (Utah Code 63G-7-402). Evidence at a resort moves much faster than either deadline: conditions change overnight and grooming erases the scene. See our guide to Utah’s statute of limitations for the details, and our Park City injury page if you were hurt in Summit County.
Fault Can Be Shared
Even when a claim is allowed, Utah compares fault. If you were partly responsible, your recovery is reduced by your share, and you can recover from a defendant only if their fault is greater than yours (Utah Code 78B-5-818). Our post on recovering when you were partly at fault walks through how that works.
Talk to a Utah Injury Attorney
Hurt at a Utah ski resort? Call (801) 921-5134 or send us your case for a free consultation. You pay nothing up front, and no attorney fees unless we win. Hablamos Español.