Vermont’s ski resorts, including Stowe, Killington, Sugarbush, Jay Peak, and Okemo attract skiers and snowboarders from across New England every winter. While skiing in Vermont offers incredible terrain and scenery, it also comes with serious risks. One of the most dangerous and traumatic is a snow avalanche.
If you were injured in an avalanche while skiing or snowboarding in Vermont, you may be asking: Can I sue the ski resort for my injuries?
The answer is yes, in certain cases, but Vermont avalanche injury claims are legally complex. At the Brown Law Firm, we represent injured skiers and accident victims throughout Vermont. Below, we explain when a ski resort may be held legally responsible for avalanche injuries.
Vermont Ski Laws and Avalanche Injuries
Vermont law recognizes skiing as an inherently dangerous sport. Ski resorts are protected by Vermont’s ski safety laws and assumption-of-risk principles, which limit liability for injuries caused by natural conditions like snow and weather.
However, Vermont ski resorts are not immune from lawsuits. They still have a legal duty to take reasonable steps to protect skiers from known and preventable dangers, including avalanche risks in controlled terrain.
When You May Be Able to Sue a Vermont Ski Resort
You may have a valid Vermont personal injury claim if your avalanche injury occurred within the resort’s in-bounds terrain and the resort failed to act responsibly.
Examples of ski resort negligence in Vermont may include:
- Opening trails or terrain despite known avalanche danger
- Failing to conduct proper avalanche mitigation or snow safety assessments
- Ignoring weather patterns that increased avalanche risk
- Inadequate warnings or signage for unstable snow conditions
- Poorly marked boundaries between in-bounds and out-of-bounds areas
If a Vermont ski resort knew or should have known about avalanche risks and failed to protect skiers, it may be held legally liable.
In-Bounds vs. Out-of-Bounds Avalanches in Vermont
In-Bounds Avalanches
If the avalanche occurred on a trail or area that was open and maintained by the ski resort, the resort generally has responsibility for safety and avalanche control. These cases are difficult but far more viable under Vermont law.
Out-of-Bounds or Backcountry Avalanches
Avalanches occurring outside the resort’s designated ski area even if accessed from the mountain are usually considered assumed risks. Lawsuits involving Vermont backcountry avalanches are rarely successful.
Do Ski Resort Waivers Prevent Lawsuits in Vermont?
Most Vermont ski resorts require lift ticket or season pass holders to agree to liability waivers. These waivers often attempt to shield resorts from responsibility for injuries caused by snow conditions, including avalanches.
However, under Vermont law, waivers do not protect ski resorts from:
- Gross negligence
- Reckless conduct
- Willful or wanton disregard for skier safety
If a resort’s conduct went beyond ordinary negligence, a waiver may not bar your claim.
Proving Negligence in a Vermont Avalanche Injury Case
Avalanche injury lawsuits require detailed investigation and expert analysis. Successful Vermont ski injury claims often involve:
- Avalanche and snow safety experts
- Weather and snowpack records
- Resort avalanche control policies
- Witness statements
- Evidence of prior warnings or similar incidents
Because ski resorts and their insurers aggressively defend these cases, working with an experienced Vermont ski accident lawyer is critical.
Why Choose Pi Brown Law Firm for Vermont Ski Injury Claims
At the Brown Law Firm, we represent injured skiers and snowboarders throughout Vermont. We understand how ski resorts operate, how avalanche mitigation decisions are made, and how to identify failures that put skiers at risk.
Insurance companies for Vermont ski resorts often argue that avalanche injuries are unavoidable. We push back by uncovering the facts and holding negligent resorts accountable.
Speak With a Vermont Avalanche Injury Lawyer Today
If you or someone you know was seriously injured in a ski-related avalanche in Vermont, don’t assume you have no legal options. Evidence disappears quickly, and Vermont personal injury deadlines apply.
Visit forinjuredskiers.com or contact The Brown Law Firm for a confidential consultation with a Vermont ski accident attorney.
Even when a ski resort says you assumed the risk, the law may say otherwise.
