Skier/snowboarder collision cases
Collisions between skiers, or skiers and snowboarders, produce a unique type of case. (53) In a downhill skiing accident case, the standard of care of a ski area operator is diminished to some extent by a doctrine of assumption of risk, as expressed in the Ski Act and as interpreted by case law. However, in a skier/skier collision, there is no assumption of risk, but an operating presumption that the uphill skier is at fault and is responsible for damages.
Collision cases are determined on a per se basis, under the statute, which requires all skiers to ski in control, exercise caution, maintain a lookout, yield to skiers already on trails, and avoid collision with skiers below. In an action between skiers, the risk of a skier/skier collision is not an "inherent risk." Thus, the "hittee" has a right of recovery against the negligent "hitter." A rebuttable
presumption arises against the uphill skier that is similar to the presumption against the following car in a rear-end car accident case.
Regards, AlexDem.