My Skiing Accident was Caused by Defective Equipment. Can I Sue the Manufacturer?

Bloch & Chapleau Oct 12th, 2020 Personal Injury

Generally, you can sue the manufacturer so long as you can prove that the equipment did indeed have a defect. An experienced ski accident attorney will analyze your case and determine whether you have a legitimate legal basis for bringing a claim.

Types of Defects

Skiing Accident was Caused by Defective EquipmentTo hold a manufacturer legally liable, you need to show that the product was unreasonably dangerous because of a defect. There are three types of defects:

  • Design defect. Something about the design made the product unreasonably dangerous. For example, the design of
    skis might cause the boot to disengage. When there are design defects, you tend to see problems across the entire product line because each item becomes made according to the defective design
  • Manufacturing defect. Some flaw in how this specific piece of equipment was created makes it defective. Manufacturing defects are not made according to the design, so they usually do not show up across the entire product line.
  • Failure to warn or provide adequate instructions. Some products can be made safe if they contain adequate safety instructions or warnings. When these are absent, the product can become unreasonably dangerous to use.

A product is not safe simply because it has not been subject to a recall. Even if the product becomes recalled, you may not necessarily become barred from bringing a products liability claim. After your injury, it is helpful to keep the defective equipment so that your attorney can view it. If the equipment is the property of the resort—like a defective chair lift—then you should contact a lawyer as soon as possible.

Compensation Available

If unreasonably dangerous equipment injures you, you can receive compensation for a variety of economic and non-economic losses caused by your injuries:

  • Lost wages, if you could not work after the accident
  • Medical bills to cover hospital and doctor visits, prescription drugs, equipment (like crutches or wheelchairs) and rehabilitation
  • Property damage, if any property damaged in the accident
  • Pain and suffering

Determining how much compensation is available requires an individualized case review, so schedule an appointment as soon as possible.

Protect Your Rights

Colorado only gives accident victims a short amount of time to bring a lawsuit. If you hope to get compensation from the equipment manufacturer, you need to seek a settlement before this deadline (called the “statute of limitations”) expires. According to Colorado law, you only get two years from the date of your injury to bring a lawsuit. Although this might sound like sufficient time, you should not delay, otherwise you put in jeopardy your ability to bring a lawsuit at all.

Contact a Ski Accident Lawyer in Colorado to Pursue Compensation

Ideally, an afternoon on the slopes will leave you with nothing worse than a case of sunburn or windburn. When defective equipment causes more serious injuries, you might have a legal claim against the manufacturer.

To protect your rights, contact the personal injury law firm Bloch & Chapleau. We offer potential clients a consultation where you can ask us any question that you want.