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Brighton, Colorado. CGH Injury Lawyers represents ski accident victims statewide from our Denver, Colorado office.
Brighton, Colorado

Brighton Ski Accident Lawyers, and Why Your Case May Not Be Heard Down the Street

Brighton is the Adams County seat, so the 17th Judicial District courthouse is right here at 1100 Judicial Center Drive. A ski claim is one of the cases that often will not be heard there, because venue follows the resort and the injury rather than your address. We handle Colorado Ski Safety Act claims from our Denver office at 2701 Lawrence St., and we never charge a fee unless we win.

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  • Ski injuries in Colorado are governed by the Ski Safety Act (C.R.S. 33-44-101 et seq.), which separates the risks inherent in skiing from negligence that someone can be held to answer for.
  • You have two years. C.R.S. 33-44-111 controls a claim against a ski area operator or its employees; C.R.S. 13-80-102(1)(a) controls a claim against another skier.
  • Living in a county seat does not mean your ski case is heard there. Venue generally follows the defendant or the place of injury, which for a resort claim is usually the ski county.

If you were seriously hurt on a Colorado slope and were first treated at Intermountain Health Platte Valley Hospital here in Brighton, this page covers the law that governs your claim and the local ground a Brighton case is worked on.

The law on the mountain

The Colorado Ski Safety Act and your Brighton ski accident case

The Colorado Ski Safety Act sits at C.R.S. Title 33, Article 44, and it governs ski areas across the state. It reaches skiing, snowboarding, and the other ways people slide downhill on snow or ice at a Colorado ski area. A Brighton resident hurt anywhere on Colorado snow is working inside this statute from the moment the injury happens.

Before the statute existed, ski injuries were litigated as ordinary negligence, and the results varied case to case. The Act replaced that with three fixed elements:

  • A named set of inherent dangers, meaning the conditions that come with the sport no matter how carefully a hill is run.
  • Written duties on both sides, binding the skier and the ski area operator alike.
  • A surviving route to damages wherever the cause was negligence instead of one of those inherent conditions.

Which bucket your injury sits in is the question the whole case turns on. It sets who can be pursued, what damages are available, and whether there is anything to pursue at all.

The critical distinction

Inherent danger versus resort negligence

The dividing line in a Colorado ski case is between a hazard you took on by skiing and a failure that belongs to the operator. Getting that line wrong in either direction is why some injured skiers never file and others file something that cannot survive.

Inherent dangers (no recovery)

  • Changing weather and visibility on the mountain
  • Variations in terrain and natural snow conditions
  • Collisions with natural objects such as trees, rocks, and cliffs
  • The ordinary risks that come with the sport itself

Resort negligence (recovery possible)

  • Failing to mark man-made hazards such as lift towers, hydrants, and grooming equipment
  • Chairlift, gondola, or tow-rope failure traced to deferred maintenance
  • Missing or inadequate trail signage and closure markers
  • Poorly trained or poorly supervised patrol, lift, and grooming staff

The facts decide where the line falls. Striking a tree is ordinarily an inherent risk. Striking an unmarked stump the resort created while clearing that same tree may not be, since C.R.S. 33-44-112 shields an operator only from injuries resulting from the inherent dangers and risks of skiing.

Skier duties and the downhill rule

When another skier caused your injury: duties under C.R.S. 33-44-109

Plenty of ski injuries have nothing to do with the resort. When another skier hits you, C.R.S. 33-44-109 supplies the rules, and it opens with something valuable to injured skiers: under subsection (1), a skier/skier collision is neither an inherent risk nor a risk you assumed when you bought your pass, in an action by one skier against another.

  1. Staying in control

    Speed and course have to stay inside what the skier can actually handle, with a lookout kept for others. The statute puts the primary duty on the person skiing downhill to avoid a collision with anyone or anything below them.

  2. Posted information

    A run marked closed is off limits, full stop. Skiers are presumed to have read and understood the signage at the base area lifts, on the lifts themselves, and along the runs they used.

  3. Coming onto a run

    Starting from a stop, or entering a trail from the side, carries a duty to yield to skiers already moving on that run. It is one of the most common ways a share of fault gets assigned.

  4. Equipment that stops

    Skis and boards need a strap or brake that can stop them after a release; cross-country skis are excepted. The Act says nothing about helmets for any age group.

  5. Impairment and leaving a collision

    Using a lift or a run while impaired by alcohol or a controlled substance is barred. So is leaving an injury collision before providing your name and current address to ski area staff or patrol, with an exception for going to get help.

  6. Penalties, and how Colorado divides the blame

    A violation of the closed-run, impairment, or closed-lands provisions is a civil infraction carrying up to a $1,000 fine. Leaving the scene of an injury collision is handled separately under C.R.S. 33-44-109(12)(b) and is a petty offense. Neither is part of your civil claim for damages, but a citation issued on the mountain can be useful proof in it.

    On the civil side Colorado divides responsibility. C.R.S. 13-21-111 lets you recover while your negligence is not as great as the other party's and trims the award by your percentage. What usually determines that percentage is the patrol report, the witness accounts, and any footage the resort still holds.

The truth about waivers

Does the waiver on my lift ticket end my Brighton ski case?

Buying a ticket or a pass in Colorado means signing a release, and courts here do not treat those as meaningless. What they also are not is automatic, and a carrier pointing at one has not yet had a judge agree with it.

For ordinary negligence claims brought by adults, Colorado courts have generally enforced recreational releases. Certain categories of conduct have been treated as beyond a release's reach. Whether your injury falls inside or outside turns on the wording of the document and on what the operator knew before it happened.

For children the answer is statutory rather than judicial. Under C.R.S. 13-22-107(3) a parent may release a child's prospective negligence claim, but subsection (4) states that no such release extends to a willful and wanton, reckless, or grossly negligent act or omission. Anyone under 18 is covered by that limit whatever was signed at the window.

Local Knowledge

A Level III hospital in town. The county seat. The long way to I-70

Brighton sits at the northeast edge of the metro, and three local facts shape how a ski injury claim gets built here.

Trauma Care

Platte Valley in town, Level I in Denver

Intermountain Health Platte Valley Hospital at 1600 Prairie Center Pkwy. is the designated trauma center located in Brighton, at Level III. A Level III center stabilizes and treats, but a severe head, spinal, or multi-system ski injury is commonly transferred on to a Level I center such as Denver Health or UCHealth University of Colorado Hospital in Aurora. Those transfers are where the medical record gets fragmented, and gaps between facilities are exactly where an insurer argues about causation. We order the full chain from the resort patrol report through discharge rather than the excerpt a carrier asks for.

Courthouse

The county seat, and why it may not matter here

Brighton is the seat of Adams County, and the Adams County Justice Center at 1100 Judicial Center Drive is the 17th Judicial District, which covers Adams and Broomfield counties. Brighton also crosses into Weld County, which is the 19th Judicial District at the Weld County Courthouse, 901 9th Ave. in Greeley. At the 2020 census 39,718 Brighton residents lived in Adams County and 365 lived in Weld. For a ski claim none of that may control, because venue generally follows the defendant or the place of injury, which usually means the county where the resort operates. We identify the right court at the start.

The Corridor

I-76 down to I-70

The usual route from Brighton is I-76 southwest across the north metro to I-70, then west into the mountains. It matters to a case because it affects whether a seriously hurt skier was flown or driven, whether they were treated in a mountain county before coming home, and which records exist in which county. Our office at 2701 Lawrence St. sits on that route.

Compensation

What compensation can an injured Brighton skier recover?

Where negligence is established, Colorado allows two categories of recovery: the losses that can be documented in dollars, and the harm that no invoice captures.

Economic damages

  • Emergency transport off the mountain, including air ambulance
  • Surgery, hospitalization, and specialty care at Platte Valley or a receiving Level I center
  • Lost wages and lost earning capacity during recovery
  • Physical and occupational rehabilitation
  • Future medical care and life care plan costs
  • Out-of-pocket costs tied directly to the injury

Non-economic damages

  • Pain and suffering from orthopedic, spinal, or head injuries
  • Permanent disability or loss of physical function
  • Loss of enjoyment of life, including skiing and the outdoors
  • In a fatal accident, funeral costs and loss of companionship

The Ski Safety Act damages cap, and the exceptions inside it

A statutory ceiling applies to what a skier recovers from a ski area operator. C.R.S. 33-44-113 sets it at $1,000,000 present value in total, with $250,000 limits on both a derivative claim by another claimant and on non-economic loss. Four qualifications matter.

  • Injuries to a passenger riding a passenger tramway, which includes chairlifts, are excluded from that cap by the text of the statute.
  • The cap governs claims against a ski area operator. It does not govern a claim against another skier whose negligence hurt you.
  • The statute lets a court award more than the limit on good cause shown, but only for excess future lost earnings or excess future medical and health care costs, and only where applying the limit would be unfair.

The statute also directs that the limits and their exceptions are not disclosed to the jury.

Deadlines and fault

The two-year filing deadline and partial fault rules

Two years, and the three-year figure people remember from car crashes does not apply. Under C.R.S. 33-44-111 a claim against a ski area operator or its employees, arising from the maintenance, supervision, or operation of a ski area or passenger tramway, has to be filed within two years of when it arises. A claim against another skier is governed instead by C.R.S. 13-80-102(1)(a), which also gives two years.

  • When the clock starts is set by C.R.S. 13-80-108(1), which keys accrual to the point where the injury and its cause are known or reasonably knowable. In a collision or a marked-hazard case that is normally the day of the accident, and waiting for a full prognosis does not extend it.
  • Colorado's comparative negligence rule is modified. C.R.S. 13-21-111 allows recovery while your negligence is not as great as that of the party you are suing and reduces the award proportionally, so 50 percent or more against you is a complete bar.
  • Evidence goes stale fast. Incident reports, lift inspection records, grooming logs, and on-mountain footage are retained briefly, so a preservation demand needs to reach the resort long before you have finished treatment.
Why CGH

Why injured Brighton skiers choose CGH Injury Lawyers

Attorneys who handle the Ski Safety Act directly, a Denver office on your route home from the mountains, a readiness to try the case, service in Spanish, and no fee unless we win. We do not advertise ski settlement numbers, since a figure on a page tells you nothing about your own injury.

The Statute

C.R.S. 33-44-101 et seq.

The Ski Safety Act is a narrow statute with rules that do not appear anywhere else in Colorado injury law. We work in it directly and know where the line between inherent risk and negligence falls.

Venue First

Adams, Weld, or the ski county.

Brighton crosses two counties and two judicial districts, and a ski claim often belongs in neither. We settle venue before anything is filed.

Fast Evidence Action

We move before footage disappears.

Patrol reports and lift camera footage can be gone in weeks. We send preservation requests to the resort as soon as we sign a case.

Two-Year Clock

Shorter than you think.

The deadline against a ski area operator is two years under C.R.S. 33-44-111, a year shorter than most Colorado motor vehicle claims. We track it from day one.

Trial-Ready

Built for trial.

Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates and has tried more than 25 cases to verdict. We prepare every case for trial rather than for whatever the first offer turns out to be.

Bilingual

Hablamos español.

Spanish-speaking attorneys and staff serve Brighton's Spanish-speaking community, including agricultural and hospitality workers hurt on the job.

No Win, No Fee

Contingency only.

You pay nothing out of pocket for legal fees. We advance costs and collect only from a settlement or verdict in your favor.

How it works

How we handle a Brighton ski accident case

A ski claim runs through six stages, ending in trial when a resort or an insurer will not be reasonable about it. Most settle earlier, and every one is built on the assumption that this one will not.

  1. Free case evaluation

    We go through what happened, explain where the Ski Safety Act applies to your facts, and answer your questions at no cost and no obligation. Call (303) 209-9395 or come to the office at 2701 Lawrence St.

  2. Evidence preservation

    We send preservation letters to the resort and request patrol incident reports, maintenance and grooming records, lift inspection documentation, and any on-mountain camera footage before it cycles out.

  3. Liability analysis

    We separate inherent risk from negligence and identify everyone responsible, whether that is the operator, another skier, an instructor, or an equipment manufacturer. We also evaluate what the waiver in your pass agreement does and does not reach.

  4. Medical records and damages

    We collect the patrol report, the transport records, the treatment at Platte Valley or any Level I center you were transferred to, and the rehabilitation that followed, so nothing gets left out of the damages claim.

  5. Demand and negotiation

    We present documented damages to the resort's insurer or the at-fault skier's carrier and negotiate from a position of trial readiness rather than a willingness to take the first number offered.

  6. Filing suit

    When there is no fair resolution, we file, whether that is in Adams County District Court in Brighton, Weld County District Court in Greeley, or the ski county where the injury happened. Our trial attorneys are prepared to put the case to a Colorado jury.

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Questions

Brighton ski accident, frequently asked questions

I live in Brighton, the county seat. Will my ski case be heard here?

Often not, and that surprises people. Brighton is the seat of Adams County and the 17th Judicial District courthouse is at 1100 Judicial Center Drive, but venue in a ski case generally follows the defendant or the place of injury rather than where the injured person lives. For a claim against a resort that usually means the county where the resort operates. Brighton also crosses into Weld County, which is the 19th Judicial District in Greeley, so even the local answer depends on your address. We identify the right court early.

How long do I have to file a ski accident claim?

Two years. Against a ski area operator or its employees, C.R.S. 33-44-111 sets a two-year deadline running from when the claim arises. Against another skier, the general two-year tort deadline in C.R.S. 13-80-102(1)(a) applies. Under C.R.S. 13-80-108(1) the clock generally starts once the injury and its cause are known or reasonably should have been known, which in most ski cases is the day of the accident. Ongoing treatment does not pause it.

I was treated at Platte Valley and then transferred. Does that hurt my case?

It should not affect your right to bring a claim, but it does change how the record has to be assembled. Intermountain Health Platte Valley Hospital in Brighton is a Level III designated trauma center, so a severe injury is often stabilized there and moved to a Level I center such as Denver Health or UCHealth University of Colorado Hospital. Each facility creates its own records, and the handoffs are exactly where insurers look for gaps to argue about causation. We order the complete chain rather than whatever the carrier requests.

Does the waiver on my lift ticket mean I have no case?

Not automatically. Colorado courts have generally enforced recreational waivers signed by adults as to ordinary negligence, while treating certain conduct as beyond what a waiver covers. Whether yours applies depends on how it is worded and what the resort knew before you were hurt. If the injured person is a child, C.R.S. 13-22-107(4) is explicit that a parent cannot waive a child's claim for a willful and wanton, reckless, or grossly negligent act. We review the document at no charge.

Another skier hit me from behind. Is that automatically their fault?

It is a strong starting position, not an automatic result. C.R.S. 33-44-109(2) places the primary duty on the person skiing downhill to avoid colliding with anyone below them, and subsection (1) says a skier/skier collision is not an inherent risk or an assumed risk in a claim between skiers. Fault can still shift if you stopped in a blind spot or entered a run without looking uphill, and Colorado divides fault comparatively under C.R.S. 13-21-111. The patrol report and witnesses usually settle it.

Is there really a cap on what I can recover from a resort?

Yes, with several exceptions worth knowing. C.R.S. 33-44-113 limits total recovery against a ski area operator to $1,000,000 present value, with derivative claims and non-economic damages each capped at $250,000. Injuries to a passenger riding a chairlift or other passenger tramway are excluded from the cap by the statute's own terms, the cap does not apply to a claim against another skier, and a court may exceed it on good cause shown for excess future lost earnings or future medical costs. Which of those applies is fact-specific, so confirm it with an attorney.

The other skier took off before I got their name. What now?

That conduct is prohibited. C.R.S. 33-44-109(10) bars a skier involved in an injury collision from leaving before giving their name and current address to a ski area employee or a patroller, except to go get help, and under subsection (12)(b) doing so is a petty offense. Report it to patrol immediately, ask them to document it, and collect witness names before you leave the mountain. Resort and lift scan data sometimes helps identify the person afterward.

What should I do right after a ski accident?

Get medical attention first. Then make sure patrol files an official incident report and get a copy before you leave the mountain, photograph the scene and your injuries without moving equipment, and collect names and contact information for witnesses and any other skier involved. Do not give a recorded statement to any insurer before you have talked to an attorney. You can reach our Denver office at (303) 209-9395 or use the form on this page.

It's More Than Money.

You were hurt on the mountain. We handle everything else.

Free consultation. No fee unless we win: we advance costs and collect only from a settlement or verdict in your favor. Available in English and Spanish.

Tell us what happened

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Prefer to read first? See how Colorado's Ski Safety Act works.

CGH Injury Lawyers · 2701 Lawrence St., Suite 201, Denver, CO 80205