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The plaintiff was injured during a ski collision with a ski instructor. Generally, claims for injury when participating in sports such as skiing entail an assumption of risk by the participant. In other words, the optional choice to participate in the action subsequently adopts personal liability for whatever injury may occur. The defendant moved to dismiss the case based on this argument.

Plaintiff skier brought an action in the United States District Court for the District of Connecticut alleging that defendant ski area operator was negligent based on a collision between the skier and the operator's employee. The district court certified questions to the court which required it to decide whether the skier assumed the risk under Conn. Gen. Stat. § 29-212 and whether the court's Jaworski decision extended to the sport of skiing.

The skier and the operator's employee collided, allegedly as a result of the employee's failure to exercise reasonable care. Answering both of the certified questions in the negative, the court held that (1) Conn. Gen. Stat. § 29-212 did not bar an action brought by a skier against a ski area operator alleging negligence by an employee of the operator; and (2) the doctrine articulated in Jaworski did not extend to the sport of skiing. Specifically, the court held that the skier could maintain an action in negligence against the operator because the risk was not a hazard over which the operator had no control or over which an operator could not reasonably act so as to ameliorate the potentiality of the harm. Moreover, although the specific harm alleged by the skier was foreseeable and could have been anticipated as a likely result of the operator's conduct, applying the Jaworski factors, the appropriate level of care demanded of coparticipants in the sport of skiing was that of reasonableness; thus, the skier's claim of negligence was sustainable under Connecticut law. The court answered both of the certified questions in the negative.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained. 

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Jagger v. Mohawk Mt. Ski Area, Inc., 269 Conn. 672 ( Jun 22, 2004)