When Can A Ski Resort Be Liable For A Skier's Injuries?

The recent decision of the Ontario Superior Court in Trimmeliti v. Blue Mountain Resorts Limited is a useful reminder of the difficulty that an injured skier will face in suing a ski resort for a personal injury incurred on the slopes.

In this case, Mr. Trimmeliti suffered a fractured clavicle when night skiing with two other friends at the Blue Mountain Ski Resort near Collingwood, Ontario and attempted to collect damages from Blue Mountain.

Mr. Trimmeliti, a self-described intermediate skier, had been skiing at Blue Mountain for years.  In fact, in the year of the accident (2006), he had a season pass at Blue Mountain and was generally familiar with its ski runs.

On the evening of February 9, 2006, he and two friends skied a number of runs over several hours until about 9:00 pm.  They then decided to ski down an intermediate hill called Waterfall.