Syracuse, New York, Skiing and Snowboarding Accidents

Jed Dietrich, Esq., Is a Recognized Super Lawyer Committed to Defending the Rights of Skiing and Snowboarding Accident Victims in Syracuse and Throughout Upstate New York. If You or a Loved One Has Been Injured in a Winter Sports Accident That Was Not Your Fault, The Dietrich Law Firm P.C. Could Help You Secure the Compensation You Need and the Justice You Deserve.

Syracuse has a well-known reputation for having some of the coldest, snowiest weather in the country. However, not everyone dreads the end of autumn and the beginning of a long and cold winter. If you regularly hit the slopes or ski cross-country, winter may be the best time of year to get outside, get healthy, and stay active.

Most people with an interest in winter sports know that any combination of frigid cold and high speeds can be dangerous. You can do your research and take all the right precautions, but accidents can happen to anyone, whether you are a new or seasoned professional. Many of these accidents come down to personal miscalculations and mistakes.

If you or a loved one has been injured in a skiing or snowboarding accident that was not your fault, you do not have to let liability waivers dissuade you from asserting your right to a fair recovery. The Dietrich Law Firm P.C. has spent decades fighting and winning cases just like yours. A recognized U.S. News & World Report Best Law Firm, we know what it takes to get our clients the best results.

We have a proven track record of success, not just in terms of high-value settlements but in ensuring that your legal needs, goals, and aspirations are always our biggest priority. Just see what our past clients have to say about working with Jed Dietrich, Esq., and his highly experienced team of personal injury attorneys.

If you think you have a case, call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a winter sports accident lawyer near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

If you have been injured in a serious ski or snowboarding accident, you probably know better than anyone else what happened and how it could have been prevented. Filing a personal injury lawsuit is a common-sense way of ensuring that you are not stuck paying the price for somebody else’s mistake.

However, filing a personal injury lawsuit is not all that hard; it is winning a claim that can be tricky, especially when the stakes are high and the defendants know that your case could come at a big cost to their profits.

Here are three deceptively simple-seeming facts that, if neglected, could turn your claim upside-down:

No two personal injury lawsuits share all the same details.

New York is a big state with a lot of people and a long history, and there is a good chance somebody else has been where you are today. It is the little details and contrary-to-common-sense legal provisions that so often end lawsuits before they ever get started.

In a generic personal injury claim, for instance, victims are expected to prove:

1. The defendant owed you a duty of care;
2. The defendant breached their duty of care by acting negligently;
3. The defendant’s negligence was the direct cause of your injuries; and
4. You sustained specific types of damage as a result of the accident.

Proving all of these elements can be difficult enough as-is, but the specific facts of your claim could cause further complications. If, for example, the defendant was not an individual employee but a registered business or municipal parks department, your case could be held to very different standards.

Accident victims do not always get the chance to take pictures, write down eyewitness names, and collect the evidence necessary to settle a claim or win big at trial. Even if you do have compelling evidence, it might not be the right kind of evidence for your case.

Aside from the types of documentary evidence obtainable on-site and through eyewitness interviews, proving the defendant’s negligence could necessitate:

1. Drafting precisely-worded legal documents to obtain sensitive corporate documents and prior accident reports;
2. Investigating a company’s internal records, electronic communications, and standard operating procedures; and
3. Acting fast to prevent critical evidence from being lost or destroyed.

Companies and government agencies are not always willing to share these records with accident victims. More often than not, it takes a letter from a lawyer or a visit from one of our trained investigators to ensure that the objective facts of your claim do not get lost.

Personal injury lawsuits do not always end with a settlement or court-ordered award.

For better and for worse, defendants with good legal teams can often find case law and legal precedent that works in their favor. Their arguments and allegations might not always hold up to scrutiny, but they can still pose very real and very dangerous obstacles on your path to recovery.

Statutes of limitations provide a simple example of how little legal detail can end up derailing lawsuits that would otherwise be destined for success.

Syracuse lies on the outermost edge of the Finger Lakes region, nestled between forest and farms to the north, the rolling hills of the Appalachian front to the south, and the high peaks of the Adirondack massif several hours to the northeast.

If you live in Syracuse, love winter sports and winter weather, there is a good chance you do not limit your excursions to Onondaga County. No matter where you go, almost every ski resort and snowboarding club is going to ask you to sign a liability waiver before letting you hit the slopes.

Liability waivers can be generic, or they can be very specifically tailored to address the risks to a location’s featured activities and inherent environmental hazards. Moreover, they typically require that you acknowledge these risks. If you are injured, you will probably be directed toward the liability waiver, which could contain provisions along the following lines:

1. You understand that the activities you intend to participate in present inherent risks;
2. You agree to use the facility in a safe, reasonable, and responsible manner, making a good-faith effort to avoid situations that could lead to injury; and
3. You assume the risk and accept responsibility for any injury or property damage you sustain while on the business’s premises.

Liability waivers can help protect honest, law-abiding businesses from bad-faith claims and accidents that they could never have realistically anticipated or prevented. However, these agreements are not ironclad, and they may not be nearly as strong as a resort or its insurance company is willing to admit.

Even when the language of a waiver is broad, encompassing just about every possible accident-related scenario, they are not a get-out-of-jail-free card.

In fact, state law and New York courts regularly find these kinds of contracts unenforceable. This could happen if a waiver incorporates unlawful provisions, or if a business failed to uphold its duty of care to you and other customers.

As a general rule of thumb, a ski resort’s liability waiver only works if:

1. The contract was written in accordance with state and local law. You may be surprised at just how many businesses, big and small, try to get away with using generic legal templates that a manager found somewhere on the internet.
2. The waiver’s language is clear and unambiguous. If you are asked to sign a waiver, it has to be written in a way that is easily understandable to someone who is not a trained legal professional.
3. You were not pressured into signing a waiver. If you have been injured in a skiing or snowboarding accident, a dishonest business or an employee who simply does not understand the law could try to coerce you into signing a waiver on the spot.

Liability waivers can be found void and unenforceable for other reasons, especially if negligent practices or policies caused your accident. Even the strongest waivers could fall flat in court if your attorney proves that the defendant did not do their due diligence in keeping you safe.

Many different factors, including how the accident occurred, who was involved, and whether the landowner was a for-profit business or a public entity, could impact your rights if left unaddressed. If you delay, there is a chance that extenuating legal circumstances and abstract case law could lead to a prompt and unexpected dismissal. Waiting is a lot like gambling, and you should never take risks when it comes to your rights. Call the Dietrich Law Firm P.C. today to schedule your 100% free consultation and find out how much your case could be worth.

Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!