Great Falls Ski Accident Lawyer | Montana Ski & Snowboard

Great Falls & MontanaSki & Snowboard Injury

Great Falls & Montana Ski Accident Lawyers: Skiing, Snowboarding, Ski Lift and Skier Collision Injuries

Boland Aarab PLLP.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

If you were hurt skiing or snowboarding at Showdown, Big Sky, Bridger Bowl, Whitefish or another Montana ski area, you may have a claim when the injury came from someone’s carelessness rather than from the inherent risks of the sport. Montana law says skiers accept the inherent risks, but it does not protect a ski area from its own negligence, and it does not protect another skier who crashes into you through reckless or careless skiing. Most claims must be filed within three years.

Key Takeaways
Montana’s skier responsibility statutes define the inherent dangers and risks of skiing and set out the duties of ski area operators, lift passengers and skiers (§ 23-2-702; §§ 23-2-731 to -736, MCA).
A ski area operator owes a duty of reasonable care to skiers (§ 23-2-733, MCA), and the statutes cannot be read to immunize operators from their own negligence (Mead v. M.S.B., Inc. (Mont. 1994)).
Every skier must maintain control of speed and course so as to prevent injury to others (§ 23-2-736, MCA).
Most injury claims must be filed within 3 years (§ 27-2-204, MCA).

On this page: Montana’s ski statutes · Inherent risks · Ski area duties · Lift accidents · Skier collisions · Waivers and passes · Montana ski areas · What to do · Damages and deadlines · Why Boland Aarab · FAQ

Hurt on the mountain? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

How does Montana law treat ski and snowboard injuries?

Montana law divides ski injuries into two groups: injuries from the inherent risks of skiing, which the skier accepts, and injuries from someone’s failure to use reasonable care, which can support a claim.

The Legislature’s stated purpose is to protect the economic viability of the ski industry by discouraging claims based on the inherent dangers and risks of skiing, defining those risks, and establishing the duties of skiers and ski area operators (§ 23-2-731, MCA). The statutes then set out:

the definitions, including the inherent dangers and risks of skiing (§ 23-2-702, MCA);
the duties of the ski area operator regarding ski areas (§ 23-2-733) and passenger ropeways (§ 23-2-734);
the duties of lift passengers (§ 23-2-735); and
the duties of skiers (§ 23-2-736, MCA).

“Skiing” is defined to include sliding or jumping on snow or ice using skis, a snowboard or any other sliding device, so the same rules apply to snowboarders.

The Montana Constitution sets a limit on these statutes. In Brewer v. Ski-Lift, Inc., the Montana Supreme Court struck down an earlier version of the law that barred skier claims regardless of the operator’s negligence, as a violation of the Montana Constitution’s right to full legal redress (234 Mont. 109, 762 P.2d 226 (1988)). After the Legislature rewrote the statutes, the Court held in Mead v. M.S.B., Inc. that an operator’s duties are not limited to the specific items listed in the statute, and that the statutes cannot be read to immunize a ski area from its own negligence (Mont. 1994).

What are the inherent risks of skiing under Montana law?

The inherent dangers and risks of skiing are the dangers or conditions that are part of the sport, and a skier accepts legal responsibility for injuries that result from them (§ 23-2-736(4), MCA).

The statute lists them (§ 23-2-702(2), MCA):

changing weather conditions;
snow conditions as they exist or change, including ice, hardpack, powder, crust, slush and machine-made snow;
avalanches, except on open, machine-groomed ski trails;
collisions with natural surface or subsurface conditions, such as bare spots, rocks, stumps, streambeds, cliffs and trees;
collisions with lift towers, signs, posts, fences, hydrants and other artificial structures;
variations in steepness or terrain, including from slope design, snowmaking or grooming;
collisions with clearly visible or plainly marked equipment, such as lift, snowmaking and grooming equipment and snowmobiles;
collisions with other skiers;
a skier’s failure to ski within his or her ability;
skiing in a closed area or outside the ski area boundary; and
restricted visibility caused by snow, wind, fog, sun or darkness.

The qualifiers matter: an avalanche on an open, groomed run, or a collision with a grooming machine that was not clearly visible or plainly marked, falls outside the list.

The Court’s most recent decision shows the limits. In Mullee v. Winter Sports, Inc., a skier lost control on a beginner trail at Whitefish Mountain Resort and fell down an embankment into a streambed. The Court affirmed summary judgment for the resort, holding that it had no duty to install and maintain fencing to catch a skier who lost control (2025 MT 113). The case turned on the inherent-risk definitions and on foreseeability.

What duties does a Montana ski area owe skiers?

A ski area operator owes skiers a duty of reasonable care, and the statute lists specific duties “consistent with” that duty.

Under § 23-2-733, MCA, an operator must, among other things:

equip grooming vehicles with flashing or rotating lights that operate whenever the vehicles are working or moving in the ski area;
mark snowmaking hydrants and similar equipment on the slopes with a visible sign or other warning;
maintain trail boards showing the area’s slopes and trails, its boundaries and their relative difficulty;
designate daily which slopes and trails are open or closed;
post the current skier responsibility code published by the National Ski Areas Association, and a copy of the skier-duty statute; and
mark freestyle terrain with a recognized symbol.

Because Mead held that these listed duties are not the limit of an operator’s responsibility, a claim can also rest on other failures of reasonable care: a snowmobile or snowcat driven carelessly by an employee, an unmarked hazard created by the operator, a poorly designed or maintained terrain park feature, or negligent ski instruction. The operator owes no duty to a trespasser or unauthorized user (§ 23-2-733(2)).

What if you were hurt on a chairlift or surface lift?

Lift injuries are treated differently from injuries on the slope. A ski area operator has the duty to construct, operate, maintain and repair any passenger ropeway in accordance with current standards (§ 23-2-734, MCA).

Lift accidents include falls from chairs, loading and unloading injuries, mechanical failures and evacuations. The inherent-risk list does not include being struck or thrown by a malfunctioning lift. Lift passengers have their own duties: to board and unload only at designated areas, not to interfere with the lift’s operation, and to use the lift only if they can do so safely or have asked for and received instruction (§ 23-2-735, MCA).

Maintenance logs, inspection records, operator training records and incident reports are essential in these cases, and we request that they be preserved immediately.

Can you sue another skier or snowboarder who hit you?

Yes. A skier or snowboarder who crashes into you by skiing out of control can be responsible for your injuries.

Collisions with other skiers are on the inherent-risk list, which generally protects the ski area operator from claims arising from them. But the statutes place clear duties on each skier (§ 23-2-736, MCA):

to ski at all times in a manner that avoids injury to the skier and others;
to maintain control of speed and course so as to prevent injury to the skier or others;
to know the range of his or her ability and ski within it;
to obey posted warnings and the skier responsibility code; and
after an accident, not to leave without giving personal identification or notifying the proper authorities.

A skier who speeds through a crowded run or jumps blind onto a trail may be liable. The at-fault skier’s homeowner’s or renter’s insurance may cover the claim, so identifying the skier at the scene is critical.

Does the release on my lift ticket or season pass bar a claim?

Not necessarily. The enforceability of ski area releases in Montana is an unsettled question, and a release should be reviewed before anyone assumes it ends a claim.

Montana law has long treated contracts that exempt someone from responsibility for violating the law, “whether willful or negligent,” as against public policy (§ 28-2-702, MCA). Since 2015, Montana’s general recreation statute has allowed a properly written release of ordinary negligence for many sports and recreational activities (§ 27-1-753(3), MCA). But that statute expressly does not apply to duties, liability or immunity related to skiing under the skier responsibility statutes (§ 27-1-754, MCA).

The result is that a ski area’s release may not receive the protection the general recreation statute gives other providers. How a court would treat a particular ski release depends on its language and the injury involved. We review the ticket, the pass agreement and any rental or lesson forms in every case.

Does it matter which Montana ski area you were at?

The same state statutes apply at every Montana ski area, but each area has its own terrain, lifts, operator and insurance.

Showdown Montana, in the Little Belt Mountains, is the closest ski area to Great Falls and a family hill for many Cascade County skiers.
Big Sky Resort draws skiers from across the country to large, steep terrain and high-capacity lifts.
Bridger Bowl, near Bozeman, is known for steep terrain along the Bridger Ridge.
Whitefish Mountain Resort, above Whitefish, is known for heavy snowfall and tree skiing, and was the ski area in Mullee.

Who operated the lift or the run, and whether a rental shop or ski school was involved, affect who may be responsible. If you live elsewhere and were hurt on a Montana trip, we can handle the case here while you recover at home.

What should you do after a ski or snowboard accident?

Get medical care from ski patrol and follow up.
Identify anyone who hit you, and ask ski patrol to record the skier’s name.
Get names of witnesses, lift operators and patrollers.
Photograph the scene, including the hazard, signs or missing signs, and the lift.
Ask for the incident report, and keep your helmet, equipment, lift ticket, pass and any rental or lesson paperwork.
Do not give a recorded statement to the resort’s or the other skier’s insurer before talking with a lawyer.

What can you recover, and how long do you have?

Montana law allows recovery for the full harm a ski accident causes, including past and future medical care, lost earnings and earning capacity, pain and suffering, and loss of the established course of life. When an accident takes a life, the family may bring wrongful death and survival claims (§§ 27-1-513, 27-1-501, MCA). Ski collisions and lift accidents often cause traumatic brain injuries, spinal cord injuries, and knee, shoulder and leg fractures.

Your recovery is reduced by your share of fault and is barred only if that share is greater than the combined fault of the defendants (§ 27-1-702, MCA).

Deadlines:

3 years to file most injury and wrongful-death claims (§ 27-2-204, MCA).
Claims against the United States, in the uncommon case involving a federal employee or facility, must be presented within 2 years (28 U.S.C. § 2401(b)).

The Boland Aarab Way

We are trial lawyers, and we prepare every case as if it will be tried and then appealed. Ski areas and their insurers rely on the inherent-risk statutes and expect injured skiers to give up. We look past the label to the facts and to the operator’s own conduct.

We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client in Voegel v. Salsbery, 2023 MT 137 (case summary).
We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom. See our results.
We know federal and appellate court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit. The Boland Aarab appellate record reaches back to 1977.
You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Caitlin serves as an AAJ Governor and on the MTLA Board.

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Where do we handle ski and snowboard accident cases?

Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle ski and snowboard accident cases across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We also handle boating accident, ATV and UTV accident and premises liability cases.

Where do we handle ski and snowboard injury cases?

Frequently Asked Questions

Can I sue a Montana ski resort for an injury? Yes, if the injury resulted from the resort’s failure to use reasonable care rather than from an inherent risk of skiing. Montana’s statutes cannot be read to immunize a ski area from its own negligence (Mead v. M.S.B., Inc.).

What are the inherent risks of skiing in Montana? The statute lists them, including weather, snow conditions, trees and rocks, terrain variations, collisions with other skiers, and plainly marked equipment (§ 23-2-702(2), MCA). Avalanches on open, groomed trails and equipment that is not clearly visible or plainly marked are excluded.

Can I sue a skier or snowboarder who crashed into me? Yes. Every skier must maintain control of speed and course so as to prevent injury to others (§ 23-2-736, MCA), and a skier who violates that duty can be responsible. The skier’s homeowner’s or renter’s insurance may cover the claim.

Does signing a ski waiver or buying a season pass mean I cannot sue? Not necessarily. Montana’s recreation statute that permits certain releases does not apply to skiing (§ 27-1-754, MCA), and Montana law has long disfavored releases of negligence (§ 28-2-702, MCA). The enforceability of a particular ski release is unsettled.

What if I was hurt on a chairlift? The ski area must construct, operate, maintain and repair its lifts in accordance with current standards (§ 23-2-734, MCA). Lift malfunctions and operator errors can support a claim.

Do the ski statutes apply to snowboarders? Yes. Montana defines skiing to include sliding on snow or ice using skis, a snowboard or any other sliding device.

I was hurt skiing in Montana but live in another state. Can you help? Yes. We can handle a Montana ski case here while you recover at home.

How long do I have to file a ski accident lawsuit in Montana? Generally 3 years (§ 27-2-204, MCA). Evidence on the mountain disappears quickly, so act promptly.

Talk to a Great Falls Ski Accident Lawyer