Kalispell, MontanaKalispell Ski Accident
Kalispell Ski Accident Lawyers: Whitefish Mountain Resort, Blacktail Mountain, Chairlift and Skier Collision Injuries
Boland Aarab PLLP.
If you were hurt skiing or snowboarding at Whitefish Mountain Resort or Blacktail Mountain, 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 those inherent risks. It does not protect a ski area from its own negligence, or a skier who crashes into you. Most claims must be filed within three years.
Hurt on the mountain in the Flathead Valley? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Which ski areas serve Kalispell, and how do they differ?
Two ski areas operate on the Flathead National Forest within reach of Kalispell. Each brings its own risks.
- Whitefish Mountain Resort, on Big Mountain above the city of Whitefish, is the valley’s destination resort. The Forest Service describes it as a regional destination that draws international visitors from Canada. It operates on National Forest System land under a Forest Service special-use permit, and its uphill-skiing policy is part of that permit. The terrain is steep and heavily treed, so tree wells, fog and low visibility are part of skiing there, alongside crowded holiday lift lines.
- Blacktail Mountain Ski Area, above Lakeside on the west side of Flathead Lake, opened in December 1998. It is reached by Blacktail Road climbing from Lakeside. It is an unusual mountain because its lodge sits at the summit, so skiers start the day skiing down, and families finish it riding a lift back up. The Forest Service describes it as a local and regional ski area on about 1,000 acres of National Forest land.
The same Montana statutes govern both. Who operated the lift, the terrain park, the ski school or the rental shop can change who is responsible. The fact that both areas sit on federal land rarely changes the claim against the operator, but it can matter if a federal employee or facility was involved.
What happens after a ski accident at Whitefish or Blacktail?
On the mountain. Ski patrol responds and writes an incident report. Ask for the patroller’s name, and ask patrol to record the name of any skier who hit you. Montana requires a skier involved in a collision to give identification or notify the proper authorities before leaving (§ 23-2-736). Photograph the spot, including any sign, marker or rope line, or the lack of one. Keep your ticket or pass, your helmet and any rental or lesson paperwork.
Medical care. Injuries at Whitefish Mountain Resort are usually taken to Logan Health – Whitefish, a designated community trauma hospital. Serious head, spine and multiple-fracture injuries go to Logan Health Medical Center in Kalispell, which has neurosurgical services. Injuries at Blacktail are usually taken down the mountain toward Kalispell. Remote or backcountry injuries may involve Logan Health’s air-ambulance program, long known as A.L.E.R.T.
Visitors from out of the area. Many injured skiers at Whitefish are from Alberta, British Columbia, Washington or farther away, and they go home to recover. We can handle a Montana case while you treat at home. What matters is getting the incident report, lift records and witness information early.
Court. A ski case against a Flathead County operator is filed in the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street, Kalispell, and a Flathead County jury decides it. A claim against a skier or an equipment maker from another state or country may be removed to the U.S. District Court’s Missoula Division.
What has the Montana Supreme Court said about Whitefish?
The Court’s most recent ski decision came from Whitefish Mountain Resort. In Mullee v. Winter Sports, Inc., a skier lost control on a beginner trail 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 shows how closely Montana courts read the statutory list of inherent risks. Collisions with natural features, such as streambeds and trees, are on that list. Operator negligence is not.
Montana law that applies
In brief; see our Montana ski accident lawyer page for the full treatment.
- Inherent risks are defined by statute. They include weather, snow conditions, trees, streambeds, terrain, collisions with other skiers, and clearly visible or plainly marked equipment (§ 23-2-702, MCA).
- Operators owe reasonable care. That includes lights on groomers, marked hydrants, trail boards and daily open/closed designations (§ 23-2-733, MCA). The statutes cannot be read to immunize operators from their own negligence (Mead v. M.S.B., Inc. (Mont. 1994)).
- Lifts must be built, operated, maintained and repaired to current standards (§ 23-2-734, MCA).
- Other skiers must keep control of speed and course so as to avoid injuring others (§ 23-2-736, MCA).
- Releases. Montana’s general recreation-release statute does not apply to skiing (§ 27-1-754, MCA). Whether a lift-ticket or pass release is enforceable is unsettled.
- Deadline. Generally 3 years (§ 27-2-204, MCA).
Why hire a Great Falls firm for a Kalispell case?
Ski cases are fought over the statute, the incident report and the mountain’s own records. We are based in Great Falls and handle ski injury cases statewide. We travel to Whitefish, Lakeside and Kalispell to inspect the scene and take depositions, and to the Justice Center for hearings and trial. We do not have a Kalispell office.
The Boland Aarab Way
- We build cases for trial. Our attorneys have spent more than 4,000 hours in the courtroom and have tried more than a dozen jury trials.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
- We know appellate law. Ski cases often turn on statutory interpretation. The Boland Aarab appellate record reaches back to 1977.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle brain injury cases in Kalispell and premises liability cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
Can I sue Whitefish Mountain Resort for an injury? Yes, if the injury came from the operator’s failure to use reasonable care rather than from an inherent risk. A malfunctioning lift, a careless employee on a snowmobile or an unmarked hazard the operator created are examples.
Another skier hit me at Blacktail. What can I do? A skier who fails to control speed and course can be responsible. Get the skier’s name through ski patrol. The skier’s homeowner’s or renter’s insurance may cover the claim.
I’m from Canada and was hurt at Whitefish. Can I bring a claim from home? Yes. The case would generally be filed in Flathead County. We can handle it while you recover at home.
Does the lift-ticket release mean I can’t sue? Not necessarily. Montana’s recreation-release statute does not apply to skiing, and whether a particular ski release is enforceable is unsettled.
Where would a Whitefish ski case be heard? In the Eleventh Judicial District Court in Kalispell, unless a party removes it to federal court in Missoula.
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.
