Possibly the best part of the weather getting colder and the snow starting to fall is the beginning of skiing and snowboarding season. After months of warm weather, winter sport enthusiasts can finally get back on the slopes to have a good time. Unfortunately, skiing and snowboarding can often result in serious injuries. What you might not know is that certain skiing and snowboarding injuries are eligible for a personal injury suit, especially if you can prove the fault of another.
Learn more about your options after a skiing or snowboarding injury and be certain to get advice about your case from a New Mexico personal injury lawyer.
The Extent and Cause of Your Injury
In any personal injury case, the most important thing that you can do is to examine the extent and cause of your injury, both of which can influence whether you’re eligible to file a suit.
Skiing and snowboarding injuries can be very serious, resulting in such consequences as broken bones, severe lacerations and, sometimes, brain injury or death. Most typically, the cause of these injuries will be a collision with another skier or an object like a tree or fence. However, you could also be injured by a defective ski lift, malfunctioning snowboarding equipment or due to unsafe slope conditions.
After identifying the cause of your injury, you can focus on proving fault.
Strategies for Proving Fault
Fault in a skiing or snowboarding injury usually boils down to proving one of two things, negligence or a defective product. Because these are two very different scenarios, it’s useful to look at each more closely, as well as to get guidance from a New Mexico personal injury lawyer.
There are several ways your injury could have been caused by negligence. For instance, if you received incomplete ski instruction and then were encouraged to ski beyond your ability, this could be grounds for negligence. Also, if your collision occurred because of the unsafe actions of another snowboarder, this also speaks to negligence and could be grounds for an injury suit.
If your injury was caused by a defective product, the evidence you’ll need is a little different. A defective product case hinges on your ability to show that the product that caused your injury was either poorly designed or manufactured imperfectly. You will also need to show that the injury couldn’t have been a result of user error.
The Assumption of Risk
During the course of your skiing or snowboarding personal injury suit, it’s likely that the defendant in your case will try to claim your injury falls under the ‘assumption of risk’ designation. Recreational activities like skiing and snowboarding are always engaged in with the understanding that there a risk for injury, and if the defense can show that your injury could have been anticipated, then you might not be able to win your suit.
In preparing for this defense, you will need to show that your injury could not reasonably be categorized as assumed risk and that it should have been avoided.
Reach Out to a New Mexico Personal Injury Lawyer
If you need help with your personal injury suit, then you need to consult with Robert White, Attorney at Law—an experienced New Mexico personal injury lawyer. Working with Robert white and his team means increasing your chances of winning your suit and getting the compensation that you’re counting on. Contact a representative today to start working on your case.