BC-CT-XGR–Ski Lawsuits, Conn Bjt,650

Lawmakers hope to protect state ski areas from lawsuits

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By SUSAN HAIGH

Associated Press Writer

NEW HARTFORD, Conn. (AP) – Owners of Connecticut’s five ski areas are turning to state legislators for extra protection from what they fear could be a rash of unwarranted lawsuits.

They claim the existing state law that buffers resorts from certain liabilities – enacted in 1979 – is too vague and could allow some disgruntled skiers to sue over injuries caused by the inherent risks of the sport.

They’re already seeing signs that some lawyers may be interested in suing over ski-related injuries. One law firm rented a booth at this year’s ski show in Hartford and hired attractive young women to pass out business cards.

“If we’re negligent, we’ll accept the responsibilities,” said Bob Switzgable, owner of Ski Sundown in New Hartford. “But skiing is a sport of risk. When you strap a couple of skis on your feet, you need to be in control.”

The owners’ concerns about lawsuits stem from a 5-2 Connecticut Supreme Court decision last July that determined a ski area operator can be liable for a collision caused by an employee. That’s despite the 1979 state statute that says skiers assume certain risks, including “collision with any other person by any skier while skiing.”

The case involved a New York woman who sued Mohawk Mountain in Cornwall after she collided in 1999 on an intermediate trail with a ski instructor who was participating in a preseason ski clinic.

Sens. Andrew Roraback, R-Goshen, and Christopher Murphy, D-Southington, both attorneys with ski resorts in their districts, have sponsored legislation stating ski areas will be liable only when their negligence is the sole cause of someone’s injury.

Roraback said the bill also makes it explicit that Connecticut ski areas won’t be liable when an injury stems from the inherent risks of the sport, such as a collision or a fall.

“None of us wish for the next growth industry for civil litigation to be targeted at ski areas because if that happens, it will likely lead to the demise of a great family sport in the winter time,” he said.

The Judiciary Committee is scheduled to hold a public hearing on the bill on Monday. Roraback said the legislation is mirrored after protections in other states with ski areas, such as Vermont and Colorado.

Kathleen Nastri, president of the Connecticut Trial Lawyers Association, said she has not seen the specific bill, but her organization regularly opposes any bill that provides immunity from liability of wrongdoing.

“I think everyone should agree that if a ski area does something negligent that causes harm, they should be responsible,” she said.

At Ski Sundown on Friday, some skiers said they think a ski resort is liable for matters such as major equipment malfunctions. But many said it’s up to the skiers to act responsibly and pay attention to what’s happening on the slopes.

“You’re responsible for your own safety, first and foremost,” said Tim McGuire of West Hartford, who spent Friday morning skiing with his wife and daughter. “It’s far too easy for people to blame the ski area for their own recklessness.”

Nancy Greenfield of Plainville, who started skiing 20 years ago, said she also believes there is an inherent risk in skiing. Like the resort owners, she thinks people might attempt to sue over every little injury if they believe there is an opportunity.

But Greenfield said ski area operators have a responsibility for keeping reckless skiers and snow boarders in line. She is particularly concerned about young people skiing and boarding out of control.

“If the kids know they can get away with certain things,” Greenfield said, “they’ll do it.”

Besides Mohawk Mountain and Ski Sundown, three other ski areas are lobbying for the legislation. They include Powder Ridge, Mount Southington and Woodbury Ski Area.

AP-ES-02-25-05 1757EST