The Pacific Northwest sees millions of skiers every year, making ski injuries an inherent risk of the sport. In those millions of trips down the mountains, some life-altering skiing accidents happened, unfortunately. When negligence by a local ski resort, a ski lift manufacturer, or another skier contributes to that harm, injured victims have the right to pursue financial compensation. Zach Herschensohn has been litigating personal injury cases, like skiing accidents, in Washington since 2003. In fact, Herschensohn Law, PLLC recently recovered $2.7 million for a catastrophically injured accident victim whose case involved no surgery. To speak with a Kent skiing injury attorney about a serious accident on the slopes, call us at (206) 222-9553 today.
Summary of Financial Compensation for Long-Term Ski Injuries
Washington ski resorts, like Crystal Mountain and Stevens Pass, attract thousands of visitors each year, and the risk of serious, life-altering injury is present on every slope.
- Washington's Ski Safety Act, codified at Revised Code of Washington (RCW) 79A.45, assigns specific duties to skiing facility operators and governs liability disputes that arise from on-mountain accidents.
- Injuries such as traumatic brain and spinal cord damage can produce permanent disabilities that justify substantial financial compensation claims.
- Washington's pure comparative fault rule (RCW 4.22.005) allows injured victims to recover damages even when they bear some part of responsibility for the accident.
Again, Herschensohn Law, PLLC represents injured skiers in Kent, Seattle, Chehalis, and throughout Washington state.
Common Ski Injury #1: Traumatic Brain Injury (TBI)
Traumatic brain injuries are among the most severe outcomes of skiing accidents at Crystal Mountain, Stevens Pass, Mt. Baker, White Pass, Snoqualmie, and other Washington skiing facilities. A collision with another skier, a tree, or a poorly marked terrain feature can produce concussions, skull fractures, or diffuse axonal injury. Even a moderately traumatic brain injury can result in chronic headaches, memory loss, cognitive impairment, and an inability to return to work. Many victims with severe injuries require lifelong supervised care, adaptive housing modifications, and ongoing neurological treatment.
Furthermore, Washington courts recognize that TBI damage extends well beyond initial emergency treatment. Under Washington's general negligence laws, a victim can pursue financial compensation for future medical costs, lost earning capacity, and non-economic damages such as pain and suffering. As Kent skiing accident attorneys, we have seen firsthand that the long-term financial impact of a brain injury is rarely captured by early insurance settlements, which is why thorough documentation from neurologists and occupational therapists is crucial from day one.
Common Ski Injury #2: Spinal Cord Injury (SCI)
Spinal cord injuries at local ski areas can result in partial or complete paralysis. High-speed falls, terrain park collisions, and lift accidents all carry the potential for catastrophic spinal damage, unfortunately. Victims with incomplete SCIs sometimes regain partial function through intensive rehabilitation, but many are left with permanent limitations in mobility, sensation, and even bladder and bowel control.
The lifetime costs associated with skiing-related spinal cord injuries are substantial and well-documented in medical literature. RCW 4.56.250 allows victims to recover projected future costs through a personal injury lawsuit, provided liability is established and damages are supported by credible medical evidence from physicians and life care planners. Defendants and their insurers routinely dispute the projected scope of future care, so come prepared with thorough medical records and a rock-solid legal strategy.
Common Ski Injury #3: Knee Ligament Tears
Knee ligament tears, particularly to the anterior cruciate ligament and medial collateral ligament, are among the most frequently reported ski injuries. The twisting forces generated during a fall on an icy slope or in a mogul field place enormous strain on the knee joint. Anterior cruciate ligament reconstruction surgery is common, and rehabilitation typically spans 6-12 months before a victim can return to normal activity.
For some victims, a single ligament tear leads to recurring instability, cartilage deterioration, and early-onset osteoarthritis. These downstream conditions can limit a victim's ability to perform physical work, engage in recreational activity, or maintain an active lifestyle. When another party's negligence contributed to the injury, victims can fight back by filing a lawsuit not only for surgical costs but also for the long-term orthopedic consequences that follow.
Common Ski Injury #4: Shoulder Dislocations and Fractures
Shoulder dislocations and broken clavicles or humerus bones occur frequently when skiers fall and instinctively extend an arm to brace for impact. As Crystal Mountain, Snoqualmie, and Mission Ridge attract skiers of all levels, high-speed collisions are common on groomed runs and in terrain parks. An initial dislocation, if not treated promptly, can cause lasting damage to the labrum, rotator cuff tendons, and surrounding nerves.
Sadly, repeated dislocations often require surgical stabilization, and some victims develop chronic shoulder instability that limits overhead lifting, driving, and upper-body work indefinitely. For workers in physically demanding occupations, a persistent shoulder injury can mean a permanent change in career trajectory. Under Washington Pattern Jury Instruction 30.08.01, a plaintiff can recover for the loss of earning capacity when a shoulder injury impairs their future ability to earn. This award is determined by the difference between their pre-injury and post-injury earning potential over their remaining life expectancy.
Common Ski Injury #5: Wrist and Thumb Fractures
Broken wrists, including distal radius fractures, and ulnar collateral ligament tears of the thumb, commonly called “skier's thumb,” are extremely common. These injuries typically occur when a skier falls forward and catches the snow with an outstretched hand. “Skier's thumb” in particular is frequently underestimated at first, but can cause permanent grip weakness and instability if not surgically repaired.
Additionally, victims who rely on fine motor skills for their livelihoods, including tradespeople, healthcare workers, and office workers, can experience significant long-term occupational disruption from wrist and thumb injuries. Complications such as carpal tunnel syndrome, post-traumatic arthritis, and malunion of fractured bones are well-documented. When another party is responsible for the injury, those long-term complications factor directly into the damages a Kent skiing accident lawyer presents to the insurance company or jury.
Financial Compensation for Persistent Ski Injuries
Washington's Ski Safety Act (RCW 79A.45) assigns specific duties to skiing facility operators, including the obligation to mark hazards, maintain equipment, and operate ski lifts safely. When an operator breaches those duties and a skier suffers a serious injury, a personal injury lawsuit can be filed in King or Pierce County Superior Court. Note that liability waivers signed at the time of buying your lift ticket do not automatically bar recovery, particularly when gross negligence or a statutory violation is alleged.
Ongoing medical evaluations are critical to any long-term compensation claim. Insurance companies routinely argue that a victim has reached maximum medical improvement earlier than treating physicians indicate, which allows them to minimize the total value of the injury. Regular documentation from orthopedic specialists, neurologists, and physical therapists builds a medical record that supports the full scope of damages over time.
In Felder v. Physiotherapy Associates, the Washington Court of Appeals clarified that the standard of reasonable certainty for future damages must be applied based on what is reasonable under the specific circumstances. This means that even when the future is inherently uncertain, injured victims are not deprived of a remedy simply because future costs cannot be calculated to the penny. Consistent, ongoing medical documentation is the foundation of that proof. Furthermore, victims pursuing insurance claims or lawsuits must account for Washington's three-year statute filing deadline (RCW 4.16.080).
Contact Herschensohn Law, PLLC About Your Ski Injuries Now!
Ski injuries due to another’s carelessness deserve full financial compensation, and selecting the right Kent ski injury lawyer makes all the difference. Herschensohn Law, PLLC is a member of the Washington State Trial Lawyers Association, Public Justice, and the American Association for Justice, and our firm has offices in Kent, Seattle, and Chehalis. Attorney Zach Herschensohn has appeared in published appellate decisions like Coulter vs. Asten Group, Inc. To speak with a reputable attorney about a potential ski injury lawsuit, call (206) 222-9553 today.
Helpful FAQs About Washington Ski Injuries and Long-Term Consequences
Read further for answers to common frequently asked questions about ski accidents and injuries in Washington.
Can a Ski Resort Be Held Liable if a Lift Malfunction Causes an Injury?
Yes, ski lift accidents fall within the duties assigned to operators under RCW 79A.45. When a malfunction results from negligent maintenance or operator error, the resort can be held liable for resulting injuries.
Does Signing a Ski Resort Waiver Eliminate All of a Skier’s Legal Rights?
Not necessarily. Washington courts have found that waivers do not shield operators from liability for gross negligence or violations of the Ski Safety Act.
What if Another Skier Caused the Accident That Led to the Injury?
A victim injured by another skier's negligent conduct can pursue a personal injury lawsuit against that skier directly. Washington's pure comparative fault rule (RCW 4.22.005) allows a jury to “divvy up” responsibility among all involved.
What Types of Damages Are Available in a Washington Ski Injury Lawsuit?
Victims can recover medical expenses, future treatment costs, lost wages, diminished earning capacity, pain and suffering, and damages for loss of enjoyment of life.
What Steps Should a Ski Accident Victim Take Immediately After Being Injured?
The victim should get medical treatment as soon as possible beyond the ski resort’s medical staff (if any). Additionally, report the injury to ski patrol and/or resort management, gather contact information from witnesses, and document everything related to the accident and medical care.
