Vermont ski resorts rely heavily on snowmaking systems, fencing, and on-mountain infrastructure to operate safely throughout the winter season. While skiing is considered an inherently risky activity, not every injury on the slopes is shielded by assumption-of-risk laws. When accidents involve man-made hazards like snowmaking equipment or improperly padded obstacles, ski resorts may face significant legal exposure.
At the Brown Law Firm, we routinely analyze how resort design, maintenance, and safety practices affect liability in ski accident cases across Vermont.
Man-Made Hazards Are Not “Inherent Risks”
Vermont law, like many ski states, recognizes that skiers assume certain natural risks—changing terrain, weather conditions, and skier error. However, man-made equipment is treated differently. Snowmaking hydrants, pipes, fan guns, electrical boxes, fencing, and lift infrastructure are created and controlled by the resort. When these items are:
- Poorly placed
- Inadequately marked
- Improperly fenced
- Missing required padding
The resort’s “inherent risk” defense can quickly break down.
Snowmaking Equipment and Collision Risks
Snowmaking equipment is often located:
- Along trail edges
- Near merges and intersections
- In high-traffic beginner or intermediate areas
If a skier collides with unpadded or poorly visible equipment, the key legal question becomes whether the resort took reasonable steps to protect guests from a foreseeable hazard.
Courts and insurers closely examine:
- Whether the equipment was properly padded
- Whether fencing or barriers were installed
- Visibility during common conditions (flat light, snowfall, night skiing)
- Whether similar accidents had occurred previously
Failure in any of these areas can undermine a resort’s liability defenses.
Fencing and Padding: Safety Measures That Matter
Resorts commonly argue that fencing and padding are “best practices,” not legal requirements. In reality, industry standards often define what is considered reasonable care.
Improper or missing safety measures may include:
- Padding that is insufficient, damaged, or improperly installed
- Fencing placed too close to the trail or at unsafe angles
- Failure to extend fencing far enough to redirect skiers
- Seasonal equipment left in place after conditions change
When safety measures exist but are poorly maintained, resorts may face greater liability than if no measures were installed at all.
Why Resort Documentation Becomes Critical
After a serious ski accident, resorts rely heavily on:
- Ski patrol reports
- Incident photographs
- Maintenance and inspection logs
- Safety policies and procedures
In many cases, these records reveal:
- Inconsistent safety practices
- Gaps in inspection routines
- Delayed repairs or padding installation
These details often become central evidence in Vermont ski accident litigation.
When Resort Defenses Fail
A resort’s defense strategy frequently centers on:
- Assumption of risk
- Ski Safety Act protections
- Waivers and season pass language
However, waivers do not protect against negligence, and assumption of risk does not excuse unsafe man-made conditions. When snowmaking equipment, fencing, or padding contributes to an injury, resorts may be held accountable for failing to provide a reasonably safe skiing environment.
Talk to a Vermont Ski Accident Attorney
Ski accident cases involving resort negligence require a detailed understanding of:
- Vermont ski law
- Industry safety standards
- Resort operations and risk management practices
The Brown Law Firm represents injured skiers and snowboarders throughout Vermont. If you or a loved one was injured due to unmarked, unpadded, or improperly placed snowmaking equipment or fencing, an experienced personal injury attorney can help evaluate whether the resort’s defenses truly apply.
Contact the Brown Law Firm today to discuss your ski accident case and learn how Vermont law may protect your right to compensation.
