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Skiing is the quintessential Canadian winter sport, but it comes with risks.

While the goal is always to prevent accidents, certain factors—like weather, terrain, signage, piste conditions, and other skiers—are beyond your control. If you find yourself in a skiing accident, here’s what you should do to protect your health and any potential legal claim.

Prevention: Helmets, Bindings, and More

Accident prevention starts with taking the right safety measures. Wearing a helmet is one of the most effective ways to reduce the risk of serious head injuries. Modern helmets equipped with Multi-Directional Impact Protection System (MIPS) provide added safety by reducing the rotational forces during falls or collisions. While MIPS helmets may come at a premium, their added protection is worth considering.

Properly adjusted ski bindings are equally important. Bindings that are too tight may not release in a fall, potentially leading to severe knee or leg injuries. On the flip side, loose bindings can cause a loss of control. Regular equipment checks by professionals are essential to keeping you safe on the slopes.

Follow the Alpine Responsibility Code

The Alpine Responsibility Code is a set of guidelines that help ensure safety on the slopes. These include maintaining control of your speed, yielding to downhill skiers, and respecting all posted signs. If you’re involved in an accident, your adherence to this code may affect the outcome of any legal claims, especially if the other party failed to follow these rules.

Also, it’s important to save the drinks for après-ski! Alcohol impairs coordination and reaction time, which increases your chances of getting into an accident. Plus, it thins your blood, making any injuries more severe.

Seek Medical Attention Immediately

Even if your injuries seem minor, it’s crucial to seek medical attention right away. Ski accidents can lead to anything from sprains to head trauma, and it’s important to have a professional assess your condition. On-site ski patrol can provide immediate care and make sure your accident is documented, which may become essential if you later pursue a legal claim. When it comes to head injuries, especially, it’s better to be safe than sorry.

Document the Accident

If possible, gather as much information as you can at the scene. Take photos of the accident site, including any visible hazards, weather conditions, and the damage to your equipment. There may even be valuable data on your fitness tracker or smartwatch that can support your case. Be sure to get contact details from any other parties involved, as well as from witnesses who saw the accident.

Report the Incident to Ski Patrol

Reporting the accident to ski patrol not only helps prevent further accidents by alerting the resort to any dangerous conditions, but it also ensures there is an official record of the incident. This report may be crucial if you decide to file a personal injury claim down the road.

Preserve Any Evidence

If equipment failure—like a malfunctioning ski binding or chairlift—contributed to your accident, keep the equipment and document its condition. This evidence may be key in establishing liability, especially in cases where a product defect or improper maintenance played a role.

Understand the Role of Waivers

Most ski resorts in Ontario require you to sign a waiver, acknowledging the inherent risks involved in skiing. While these waivers are designed to limit the resort’s liability, they don’t provide absolute protection. If the resort fails to maintain safe conditions, such as not properly grooming the slopes or failing to post hazard warnings, they could still be held liable despite the waiver. Waiver-related cases can get complicated quickly, which is why consulting a lawyer is highly recommended if you’re pursuing a claim.

Closing Thoughts

Skiing accidents can have serious consequences but being prepared and knowing what steps to take can make all the difference. Invest in the right equipment, follow safety protocols, and make smart decisions before hitting the slopes. If an accident does occur, taking these steps will put you in the best position to protect your health and your rights, while ensuring you’re set up for a successful personal injury claim if needed.

Author(s)

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

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