Sisters, Oregon — Another ski area has been struck with a lawsuit in Oregon, placing another challenge on the state’s ski industry.
Central Oregon Daily News reports that the family of an injured skier is suing Hoodoo Ski Area for an eye-popping $4.685 million.
Back in 2021, a four-year-old girl, who allegedly skied around thirty days that season, was skiing with her family in the terrain park. It was later in the day, with less than thirty minutes before the lifts were scheduled to close. Suddenly, she crashed at the bottom of the jump. A skier from outside their party, who didn’t hear the screams to stop, hit the jump and landed on the girl.
It’s alleged that the ski resort had removed the barriers to the park. This meant the skier entered partway through to hit a jump. Because of that, the individual missed the signs that typically greet guests when they enter a park. Due to these factors, the family isn’t suing the skier who crashed into her.
The girl suffered various injuries, including concussions and fractured bones in her arms and legs. She’s needed several orthopedic surgeries so far, and more time in the hospital is expected.
Personally, I do think there’s more fault here on the skier and the parents than the ski area. If you ride the Manzanita Chair, you should be able to see the terrain park and its barriers. Also, if her family noticed the additional hazards, why are they having their four-year-old go into the terrain park?
Hoodoo Ski Area hasn’t issued a public statement on the lawsuit.
The State Of Liability Waivers In Oregon’s Ski Industry
The timing couldn’t be worse. Oregon’s ski industry is worried about its future following a string of pricy lawsuits that have weakened liability waivers signed by guests in the state.
In Oregon, the liability waivers signed by guests aren’t enforceable due to a 2014 Oregon Supreme Court ruling (Bagley vs. Mt. Bachelor, Inc.). This has led to many lawsuits from injured guests in recent years. Opponents argued that it would have taken away a recreationist’s rights when they suffer injuries. That doesn’t mean that every case is successful, though, as some have fallen short.
A lack of liability enforceability has led to expensive costs for ski resorts from insurance companies. The number of insurance companies willing to provide coverage is also decreasing. Earlier this year, Safehold Special Risk announced that it would no longer provide coverage in the state of Oregon. This insurance provider gave coverage to Timberline, Mt. Hood Meadows, and more Oregon ski areas.
In their letter to Oregon’s legislature, the claims manager for Safehold cited the state as being “an extreme outlier.” Oregon accounts for 20% of its losses up to $1 million, and 50% of losses from $1 to $10 million. Now, only one insurance provider remains for Oregon ski areas, which means that entity could increase its prices even further.
A bill from this year’s legislative session in Oregon that attempted to strengthen liability waivers failed to pass. While the outdoor recreation industry was pushing for the legislation, injury lawyers were advising against it due to the risk of losing personal liberty.
“What the multi-million dollar corporations that run these resorts seek is full immunity, leaving Oregonians harmed by negligence with no recourse,” said Attorney Scott Lucas about the legislative efforts. He’s also representing the family in this case.
I don’t like that statement from him, as it’s disrespectful to smaller ski areas and non-profits like Hoodoo and Mt. Ashland, which are struggling to survive. While they do make lots of revenue, running a ski area is also expensive. The cost to Oregon and the local economies that these ski areas support is far too great for the state legislature to do nothing.
Image Credits: Hoodoo Ski Area
