Snow sports are a thrilling attraction for millions of people every year, and New Hampshire’s ski resorts bring scores of visitors to our region. There are inherent risks involved in snow sports that can lead to injury. It’s important to understand these risks and how liability for injuries may occur.

Winter Sports Property Owners’ Obligations

Operators of winter resorts have an obligation to protect visitors from unnecessary hazards. This duty includes properly marking trails and ensuring the appropriate design, construction, and maintenance of the facilities, including ski tows, chair lifts, and Nordic ski jumps. If a ski resort operator complies with these requirements, they will generally be immune from any liability for a visitor’s injuries.

Personal Responsibility: Inherent Risks

Under New Hampshire law, every person who participates in the sport of skiing, snowboarding, snow tubing, and snowshoeing is deemed to automatically accept the dangers that are inherent in their chosen sport and therefore cannot obtain damages from a facility operator for injuries that result from those inherent risks. These risks include snow and ice conditions, rocks, trees, and variations in terrain, as well as collisions with: other persons, elements of nature, and certain structures and equipment, such as lift towers and clearly marked or visible snow-making equipment.

In addition, visitors at the resorts have their own legal obligations. Every person has a duty to ride safely and responsibly, including only using areas that are within their ability, maintaining control over their speed and course, and following all posted warnings. If a person fails to act responsibly and causes harm to others, they can be held financially responsible for that harm.

Skiing or snowboarding in unmarked or unpatrolled areas is another source of risk. Riders who venture off-piste or into backcountry areas could face avalanches, tree wells, and other hazards. If an accident occurs in these areas, it may be difficult to establish liability, and a rider will generally be financially responsible for their own injuries.

Skiing and snowboarding can be safe and enjoyable sports when riders act responsibly. However, it is important to understand the risks and liabilities involved and take precautions to avoid accidents and injuries.

About Wescott Law

At Wescott Law, we have a team of attorneys ready to help if you or a loved one is injured while hitting the slopes this season. Wescott Law is dedicated to serving the legal needs of businesses and individuals in the Lakes Region and beyond. Our main office is located in Laconia with satellite locations in Meredith and Plymouth.