Ski Lift Operator Negligence: How to Spot It and How to Fight Back

Recent ski lift accidents, such as the incidents at Attitash Mountain Resort, New Hampshire, and Heavenly Mountain Resort, California, where guests were injured after falling 20-30 feet, highlight the inherent risks associated with these machines. These types of accidents can involve many different factors, ranging from mechanical malfunctions to inclement weather; however, in some cases, a negligent operator can be the primary cause. Understanding operator negligence and what to do if you’re involved in an accident can help you protect yourself on your next winter adventure.

• Related: Gondola Cabin Falls at Kicking Horse Mountain Resort, BC, with 8 People Inside After Mechanical Failure

How Ski Lift Operators Can Cause Accidents

Ski lift operators are responsible for not just controlling lifts but also ensuring guests’ safety. When they fail in these duties, it can result in serious injuries and, in some cases, even death. Here are some of the ways that operator negligence can contribute to an accident:

• Improper Training: Operators with inadequate training may not fully understand the lift’s mechanics or the safety protocols necessary for its operation. This deficiency can lead to mishandling the controls or failing to perform essential safety checks.
• Delayed or Improper Response to Emergencies: Quick response times are critical in emergencies, such as mechanical failures or rider distress. A delay or an incorrect response can worsen the situation.
• Distractions or Inattentiveness: Operators preoccupied with personal devices or engaging in conversations unrelated to work may fail to notice potential hazards or respond to developing issues promptly.

How to Spot Negligence Before a Ski Lift Accident Happens

As a resort guest, you should look out for several red flags that may indicate an inattentive or improperly trained operator. If you notice any of these warning signs, consider reporting your concerns to the resort staff.

Unclear or No Instructions to Riders

Ski lift operators should provide clear and consistent instructions to all riders, especially beginners or those unfamiliar with a particular type of lift. Proper guidance includes:

• Communicating when and where to stand while waiting for the lift
• Explaining how to sit and secure oneself on the chairlift properly
• Providing verbal warnings if a lift is approaching too quickly or if there are any potential hazards
• Instructing riders on how to exit at the top safely

If an operator gives unclear, inconsistent, or no instructions, this may indicate negligence. A failure to provide adequate guidance can lead to falls, boarding delays, and preventable injuries.

Hesitation to Assist or Failure to Stop the Lift for Riders in Need

Ski lift operators must ensure that every rider safely exits their lift station. Warning signs of negligence include:

• Failing to assist children, beginners, or those struggling to position themselves properly before boarding
• Hesitating to stop the lift for someone who has fallen or is unable to get on safely
• Ignoring a rider who is caught in the lift or having difficulty exiting at the top

A responsible operator should always be watching the loading and unloading areas, ready to stop the lift immediately if a rider’s safety is at risk.

Distracted Behavior

A ski lift operator’s job is to focus on the lift and its passengers. Signs of distraction or inattentiveness are potentially hazardous and include:

• Using a phone or other electronic device while on duty
• Engaging in personal conversations with coworkers or guests instead of monitoring the lift
• Looking away from the boarding and unloading zones during operation
• Wearing headphones or otherwise being unable to hear calls for assistance

An operator not paying attention may fail to react quickly in an emergency, increasing the risk of accidents.

Failure to Perform Routine Safety Checks

Ski lift operators and maintenance crews are responsible for conducting routine safety inspections before opening a lift for the public. While these operations happen in the background, and guests may not see every part of this process, warning signs of neglected maintenance may include:

• Lift stops and starts frequently without explanation
• Unusual noises, such as grinding or screeching, coming from the lift’s mechanics
• Snow or ice buildup on chairs or loading areas
• No visible safety signage or posted instructions for riders

You should immediately report mechanical or unsafe conditions to the nearest resort staff member.

Overcrowding or Overloading the Lift

Ski lift operators must ensure that each chair is loaded according to capacity limits. Warning signs of negligence include:

• Allowing too many riders on a chairlift, exceeding the weight limit
• Not spacing out riders properly to prevent collisions when unloading
• Ignoring guests who are struggling to board due to overcrowding in the loading area

Overloading a lift can cause mechanical strain, while improper spacing can lead to dangerous dismounting situations.

What You Can Do If You Notice These Signs

If you observe any of these warning signs, take proactive steps to ensure your safety:

• Alert resort staff: Report the issue to a supervisor or guest services.
• Choose a different lift: Opt for another lift with more attentive staff if possible.
• Document the situation: Take notes or photos if it is safe, especially if you later need to prove negligence in an accident case.

By staying alert and advocating for safety, you can help hold ski resorts accountable for providing a secure experience for all guests.

Your Rights After a Ski Lift Accident

Understanding your legal rights is crucial if you are injured in a ski lift accident due to potential negligence. Ski resorts and their employees must ensure lifts operate safely and that guests are not exposed to unnecessary risks. When they fail in this duty—whether due to operator error, poor maintenance, or lack of proper emergency response—they can be held legally responsible for the harm that results.

Who May Be Held Liable?

Liability in ski lift accidents can extend to several parties, depending on the circumstances:

• Ski Lift Operators: If the accident was caused by an inattentive or improperly trained lift operator, they could be held liable, particularly if their actions or inaction directly contributed to the incident.
• Ski Resort Owners and Management: Resorts are responsible for hiring competent operators, enforcing safety protocols, and maintaining the lifts. If they fail in these duties, they may be liable for negligence.
• Lift Maintenance Contractors: If a third-party maintenance company was responsible for inspecting and servicing the lift, they could be held accountable for mechanical failures or poor maintenance.
• Lift Manufacturers: If a ski lift malfunctions due to a design or manufacturing defect, the company that built the lift may be liable under product liability laws.

Key Legal Considerations

• Negligence vs. Inherent Risk: While skiing is inherently risky, resorts cannot use this to avoid liability for preventable accidents caused by human error or mechanical failure.
• State-Specific Laws: Laws governing ski resort liability vary by state, with some offering more protections to resorts and others prioritizing guest safety. Consulting with a ski accident lawyer can clarify your options.
• Timely Action Matters: Legal deadlines, known as statutes of limitations, dictate how long you have to file a ski accident lawsuit. Acting quickly is essential to preserving your rights.

What to Do If You’re Injured Due to Ski Lift Operator Negligence

If you become injured under any such circumstances, follow the steps below:

1. Seek Immediate Medical Attention: Remember, your health is your priority. Even if injuries seem minor, getting a medical evaluation ensures proper treatment and documentation.
2. Report the Incident: Notify resort management about the accident promptly. Ensure an official incident report is filed, and request a copy for your records.
3. Gather Evidence: Collect contact information from witnesses, take photographs of the scene, and note any relevant details about the operator’s behavior or equipment condition.
4. Preserve Documentation: Keep all medical records, incident reports, and correspondence with the resort or insurance companies.
5. Consult a Ski Accident Lawyer: An attorney experienced in ski resort accidents can assess your case, advise on legal options, and help navigate the complexities of pursuing a claim.

What to Expect When Filing a Ski Lift Accident Claim

When pursuing a claim, your ski accident attorney will work to establish negligence by gathering evidence such as video footage, maintenance records, and witness testimonies. It’s common for resorts to defend themselves vigorously, often with the support of their insurers, who may pressure you to accept a low settlement. Your attorney will fight for a settlement that fully covers your medical expenses and any lost wages, pain and suffering, and other damages resulting from the accident.

Accountability Leads to Safer Slopes for Everyone

By taking action when negligence is suspected, you can help protect the safety of all those on the mountain. If you or a loved one has been affected by ski lift operator negligence, consulting with a knowledgeable ski accident attorney can provide clarity and support as you navigate recovery and justice.