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What Happens When a Skier, a Celebrity, and Utah Law Collide?

Posted by Samantha Wilcox | Jan 18, 2024 | 0 Comments

Utah prides itself for having the "Greatest Snow on Earth," which is why Utahans and others of all skill levels gather in mass on Utah's slopes during winter months to recreate and enjoy all that Utah provides.  While there, we all have expectations of having a great day, building lasting memories, and (hopefully) leaving at the end of the day with sore muscles and no broken bones.  Unfortunately, however, crashes and collisions on the mountain occur commonly--and when they do, many do not realize that a lawsuit could arise.

In May 2023, a televised trial between Utah resident Terry Sanderson and actress Gwyneth Paltrow materialized into the biggest celebrity civil court trial since actors Johnny Depp and Amber Heard engaged in courtroom battle in 2022.  The Paltrow-Sanderson trial addressed the civil liability that can arise when a skier or snowboarder fails to abide by the "rules of the road" and right-of-way etiquette on Utah's slopes.  

More specifically, Mr. Sanderson alleged that Ms. Paltrow recklessly collided into him while the parties were skiing down a beginner run at Deer Valley Ski Resort in Park City, Utah, which allegedly caused him to sustain broken ribs and a traumatic brain injury that changed the trajectory of his life.  As a result, Mr. Sanderson sought $3.27 million from Ms. Paltrow in compensation for his alleged pain and cognitive decline that he had experienced since the skiing accident.

In response, Ms. Paltrow counter-sued, alleging that it was Mr. Sanderson who ran into her--not the other way around--which caused her to sustain minor injuries and other financial losses.  Ms. Paltrow's request for $1 in compensation sent a message that this case was not so much about money for Ms. Paltrow, but about the burden of fame in what she perceived as a celebrity shakedown from someone who had in actually wronged her.    

After a two-week trial, Paltrow prevailed. The jury ultimately concluded that it was Sanderson--not Paltrow--who breached the skier's “rules of the road” when he collided into the back of Ms. Paltrow while she was skiing behind her.  Not surprisingly, the verdict awarded Ms. Paltrow the full $1 that she sought. 

For many Utahans, this trial opened their eyes to the reality that civil liability can result if skiers fail to follow proper skiing etiquette and yield to all downhill skiers. In other words, not only celebrities can be sued when a collision occurs on Utah slopes.

UTAH SKI LAW HISTORY AND SUMMARY HIGHLIGHTS

  • Utah ski legislation was originally passed in 1979, but it was entirely rewritten in 2020.  This set of statutes, codified as Utah Code § 78B-4-401-406, define the "Limitations of Liability" and "Inherent Risks of Skiing" when it comes to activities on Utah's ski slopes.  See Utah Code § 78B-4-401-406.
  • In substance, these laws mainly act to protect "ski area operators,” aka ski resorts, and specifically protect ski resorts from liability for bodily injuries sustained on the ski slopes because of the “inherent risks of skiing.” These inherent risks include "changing weather conditions," "snow or ice conditions," "surface or subsurface conditions, including bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, or other natural objects," "steepness of terrain," "terrain parks," "collisions with other skiers," and "the failure of a skier to ski within the skier's own ability."   See Utah Code § 78B-4-402(1), 403.
  • Utah ski laws do not, however, protect individual skiers from liability when they accidentally collide with another skier and cause injuries.  As a result, a skier or snowboarder can be liable for causing injury to another if they caused a collision on the mountain that results in injury.
  • Utah courts interpreting Utah ski laws have determined that "a person has a duty to exercise reasonable care while skiing."  Donovan v. Sutton, 2021 UT 58, P. 26, 498 P.2d 382.  “Reasonable care” is not easily defined.  Some of the factors that can influence whether “reasonable care” was exercised are the appropriateness of the speed of the at-fault party at the time of the collision, the skill level of the at-fault party in relation to the terrain where the accident occurred, and efforts to avoid the collision or take evasive action.
  • Municipalities in Utah have also addressed an individual's duties with respect to safe skiing practices. For example, Park City Municipal Code § 8-2-8(B) states: "No person shall ski or snowboard in a reckless or negligent manner so as to endanger the life, limb, or property of any person, or so as to display a willful or wanton disregard for other persons or property. The primary duty shall be on the skier or snowboarder to avoid collision with any person or object below him.”  As a result, a skier should always yield the right of way to the downhill skier.

WHAT TO DO IF YOU ARE INVOLVED IN A SKIING COLLISION.

If you are injured because of another skier's negligence, you can best help your case by gathering critical evidence immediately after the skiing collision occurs. Here are some items that are helpful:

  • Names and contact details of any witness who observed the accident.  Third party witnesses who were not known to you prior to the ski collision are always preferred.
  • Photos of the area immediately after the collision. This helps to establish the exact location where the incident occurred and proximity of the skiers or snowboarders at the time of the collision.
  • Your lift pass and lift pass scan data for the day in question.  This data is helpful to prove the timing of the incident and your speed and location relative to the other person involved.
  • Your clothing and equipment worn at the time of the collision.  Usually, the skis or board on which you were riding will have gouges, marks or damage which establish the relative positions and direction of travel of the parties involved. **Do not utilize the same clothing or equipment on a later date until your attorney has had a chance to fully examine the equipment.  In some cases, the condition of the equipment and clothing ma need to be “preserved” in case the opposing party or counsel wishes to examine this evidence.
  • A list of all medical providers and facilities you visit for treatment related to your injury from the skiing collision. In addition, you should also request the names and contact information for any ski patrol or other resort personnel who attended to your injuries after the incident.
  • Any forms from ski patrol with the other party's name, address, and contact information.
  • Any ski patrol incident report forms which you get from ski patrol.
  • The trail map for the area at which the incident occurred. 

SAFETY CONSIDERATIONS:

In addition to the basics of skiing and snowboarding in control, avoiding collisions with things or people, and keeping a proper lookout, here are some basic safety considerations for skiers and boarders:

  • Be considerate to all others on the mountain.  Consideration of the other Skiers: Every skier and snowboarder must behave in a manner that does not endanger or cause injury to any other skier or snowboarder.  What does this look like?
    • Control your speed. Every skier and snowboarder must ski at a speed that is appropriate for his or her ability, the conditions, the terrain, the snow conditions, the weather, and the number of other people on the mountain.  
    • Choose a safe path of travel that does not endanger others—especially when passing.  All skier or snowboarder should choose a path that will not endanger others.  When overtaking another person on the mountain, do so at a sufficient distance that gives the skier or snowboarder being overtaken enough space for any movement in any direction that the overtaken skier may chose.
  • Snowboarders—Be aware of your blind spot. For regular boarders, it's your left side; for goofy boarders, it is your right side. Check your blind spot and look behind you before making any backside turns or maneuvers in that direction.
  • Only stop toward the side of the run.  Do not stop in the middle of a narrow trail where you will impede all traffic and move to the side of wider runs when stopping to rest or take pictures to minimize the risk of a collision with others proceeding down the hill.   
  • Inspect your equipment before you start your day.  Your bindings should be adjusted professionally and serviced before the season.  If you want to do this yourself, know what your correct DIN setting should be, be sure that your boots can release properly at the correct forward pressure and twist. 
  • Wear appropriate equipment: 
    • Wear a helmet. A helmet is essential to protect your head against injury and concussion.  Make sure that your helmet is ASTM1 certified, which means that the helmet has been tested to meet safety standards. “MIPS”-labeled helmets are equipped with a Multi-directional Impact Protection System, which is a technology designed to provide the greatest amount of head and neck protection based on recent medical technology and research.  Always wear polarized goggles with adequate UV protections and other safety standards.
    • Wear goggles.  Always wear polarized goggles with adequate UV protections and other safety standards.
    • Wrist Guards.  Wrist injuries are common for beginners, as they tend to brace themselves and soften their fall with their hands, which causes a great deal of stress to their wrists.  A good pair of wrist guards can be a great protection against wrist injuries for both the novice and expert skier or snowboarder.  
    • Dress warmly.  This is not just for comfort.  Excessive coldness can impact your ability to maintain physical control while you proceed down the mountain and can inhibit your ability when choosing your best path of travel.
    • Carry basic first aid gear.  Carry your phone and dial 911 if you ever become injured while skiing or snowboarding at a commercial ski area. Many 911 dispatch stations will forward your 911 call to ski patrol if the caller identifies him or herself as at a ski area with an injury.

HAVE YOU BEEN INJURED WHILE SKIING IN THE STATE OF UTAH?

If you were the victim of a ski or snowboard collision in Utah, we may be able to help you recover money damages against the wrongdoer.  Call us today to discuss your situation and whether we can help.  

 

About the Author

Samantha Wilcox

Since being admitted to the Utah State Bar, Samantha's practice has been focused on the resolution of all types of personal injury and wrongful death cases, including automobile and motorcycle negligence, truc...

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