Havre Ski Accident Lawyer | Bear Paw Ski Bowl & Collisions

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Havre Ski Accident Lawyers: Bear Paw Ski Bowl, Chairlift and Skier Collision Injuries on the Hi-Line

Boland Aarab PLLP.

If you or your child were hurt skiing or snowboarding at Bear Paw Ski Bowl in the Bears Paw Mountains, or at another Montana ski area, you may have a claim when the injury came from someone’s carelessness rather than an inherent risk of the sport. At Bear Paw, which the Chippewa Cree Tribe owns, jurisdiction is the first question.

Hurt skiing near Havre, or anywhere in Montana? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What is different about skiing at Bear Paw Ski Bowl?

Bear Paw Ski Bowl is the Hi-Line’s local ski hill, and it is unlike most Montana ski areas. It sits in the Bears Paw Mountains south of Havre, on the Chippewa Cree Recreation Area on Rocky Boy’s Reservation, and it is owned by the Chippewa Cree Tribe (Wikipedia, Bear Paw Ski Bowl). It is operated largely by volunteers through a nonprofit ski association, with a volunteer ski patrol. It has one double chairlift and a rope tow, and a vertical drop of about 860 feet. Because it depends on volunteers and natural snow, it typically opens in January and runs on weekends (Ski Magazine).

Those facts matter in an injury case:

Tribal land and tribal ownership. An injury at a tribally owned ski area on reservation land raises questions that do not come up at Showdown or Big Sky. Such a claim is likely governed by tribal law, and it may raise questions of tribal sovereign immunity and tribal-court jurisdiction. As a result, Montana’s ski statutes may not apply in the usual way. We look at the facts, the parties and any insurance the operator carries before advising on where a claim can be brought.
Volunteer operators. A volunteer-run nonprofit is still expected to operate its lift and slopes with reasonable care, but who employs or directs the people involved, and which insurance covers them, has to be pinned down.
Skier-versus-skier claims. If another skier or snowboarder crashed into you, the claim is against that person, and often their homeowner’s or renter’s insurance. That claim does not depend on the ski area’s immunity.

The firm is not admitted in tribal courts, but we can seek admission when a case belongs there. We handle those questions with respect for the Chippewa Cree Tribe’s sovereignty. If you were hurt at Bear Paw, call promptly: tribal claim procedures and deadlines can differ from those in state court.

Where else do Havre families ski?

Many Hi-Line skiers also drive south to Showdown Montana in the Little Belt Mountains, or farther to the resorts near Bozeman, Big Sky and Whitefish. Those areas are off the reservation, and Montana’s ski statutes apply at each of them, but each has its own operator, lifts and insurance. If you were hurt at one of them, the case may be filed in that county, and we handle it from Great Falls.

What happens after a ski accident?

Ski patrol and medical care. Get checked by ski patrol and ask that the incident be recorded, with the names of anyone involved. From the Bears Paw, injured skiers are usually taken to Northern Montana Hospital in Havre. It is not a designated trauma facility on the state’s November 2025 list (DPHHS), so serious head, spine and leg injuries may be transferred to Great Falls or Billings. The Rocky Boy Health Center in Box Elder is a tribally operated health program; a claim involving care there follows federal rules and a 2-year presentation deadline (28 U.S.C. § 2401(b); 25 U.S.C. § 5321(d)).

Collect names and evidence. Identify any skier who hit you, and get witness names. Photograph the hazard, the signs or missing signs, and the lift. Keep your helmet, skis or board, lift ticket and any rental or lesson papers.

Courts. Depending on the parties and the location, a claim may belong in Chippewa Cree tribal court, in the Twelfth Judicial District Court at the Hill County Courthouse, 315 4th Street, Havre (§ 3-5-101, MCA), or in the federal Great Falls Division (D. Mont. L.R. 1.2(c)(3)). The U.S. Supreme Court has set limits on tribal-court jurisdiction over nonmembers (Montana v. United States, 450 U.S. 544 (1981)); how those limits apply depends on the facts.

Montana law that applies

Our Montana ski accident lawyer page covers the statutes in detail. At Montana ski areas off the reservation, and wherever else Montana law governs:

Skiers accept the inherent dangers and risks of skiing listed in the statute, including snow conditions, terrain, trees, collisions with other skiers and plainly marked equipment (§ 23-2-702, MCA).
A ski area operator owes skiers a duty of reasonable care (§ 23-2-733, MCA), and must construct, operate, maintain and repair its lifts in accordance with current standards (§ 23-2-734, MCA).
The statutes cannot be read to immunize a ski area from its own negligence (Mead v. M.S.B., Inc. (Mont. 1994)).
Every skier must maintain control of speed and course to prevent injury to others, and may not leave an accident without giving identification (§ 23-2-736, MCA).
Montana’s general recreation-release statute does not apply to skiing (§ 27-1-754, MCA), so the effect of a lift-ticket release is unsettled.
Most injury claims must be filed within 3 years (§ 27-2-204, MCA). Tribal courts may have their own deadlines, so do not wait.

Why hire a Great Falls firm for a Havre case?

We are based in Great Falls, and we handle cases statewide and in federal court. For a ski injury in the Bears Paw, we meet the family in Havre, review the jurisdiction and immunity questions at the start, and identify every insurer involved. For injuries at other Montana ski areas, we handle the case wherever it must be filed. We have no office in Havre.

The Boland Aarab Way

We know federal 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.
We try cases. The 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.
We protect results on appeal. The Boland Aarab appellate record reaches back to 1977 (appellate results).
We belong to the trial bar. Both attorneys belong to AAJ and MTLA, and Caitlin Boland Aarab serves as an AAJ Governor and on the MTLA Board.

Frequently Asked Questions

Can I sue Bear Paw Ski Bowl after an injury? It depends. The ski area is owned by the Chippewa Cree Tribe, and tribal sovereign immunity and tribal-court jurisdiction may apply. A claim against another skier who hit you, or against an insurer, may still be available.

Another skier crashed into my child at Bear Paw. Who pays? The other skier may be responsible for failing to control speed and course, and their homeowner’s or renter’s insurance may cover the claim. Get the skier’s name through ski patrol.

Do Montana’s ski statutes apply on the reservation? Not necessarily. An injury at a tribally owned ski area on reservation land is likely governed by tribal law and may raise tribal sovereign immunity and tribal-court jurisdiction questions, so Montana’s ski statutes may not apply in the usual way. Call promptly, because tribal claim procedures and deadlines can differ.

I was hurt on the chairlift. Is that an inherent risk? Lift malfunctions and operator errors are not on Montana’s inherent-risk list, and Montana operators must maintain lifts to current standards. Where tribal law governs, the analysis may differ.

I got hurt at Showdown. Can a Great Falls firm help a Havre family? Yes. We handle ski cases at any Montana ski area and meet families in Havre.

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

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.