Missoula, MontanaMissoula Ski Accident
Missoula Ski Accident Lawyers: Skiing, Snowboarding and Chairlift Injuries at Montana Snowbowl, Discovery and Lost Trail
Boland Aarab PLLP.
If you were hurt skiing or snowboarding at Montana Snowbowl, Discovery, Lost Trail or another ski area near Missoula, you may have a claim when the injury came from carelessness rather than the inherent risks of the sport. Montana law does not protect a ski area from its own negligence, or a skier who crashes into you by skiing out of control.
Key Takeaways
- A ski area operator owes skiers a duty of reasonable care (§ 23-2-733, MCA), and the ski 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).
- Lost Trail straddles the Montana-Idaho line, so which state’s law applies can depend on where on the mountain you were hurt.
Hurt on the mountain near Missoula? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Which ski areas do Missoula skiers use, and does it matter?
The same Montana statutes apply at every Montana ski area, but the location of the area decides which county, which court and sometimes which state’s law is involved.
- Montana Snowbowl is Missoula’s home hill, on the Lolo National Forest about 20 minutes north of downtown. The ski area’s directions run from I-90 exit 101 north on Grant Creek Road about 4 miles, then about 5 miles up Snowbowl Road (Montana Snowbowl). An injury there is generally a Missoula County case, heard in the Fourth Judicial District.
- Discovery Ski Area is in Granite County, near Georgetown Lake off Montana Highway 1 outside Philipsburg (Discovery). Granite County is in the Third Judicial District, with Deer Lodge and Powell Counties (§ 3-5-101, MCA).
- Lost Trail Powder Mountain sits at Lost Trail Pass on U.S. 93, at the top of the Bitterroot Valley on the Montana-Idaho border (Visit Montana). The Montana side is in Ravalli County, the Twenty-First Judicial District. If the injury happened on terrain in Idaho, Idaho’s ski statutes and deadlines may govern instead, and that question has to be answered early.
- Whitefish Mountain Resort and other areas farther away draw Missoula skiers too. Whitefish was the ski area in the Montana Supreme Court’s most recent ski decision, Mullee v. Winter Sports, Inc., 2025 MT 113.
For federal cases, Missoula, Granite and Ravalli Counties all fall in the Missoula Division of the U.S. District Court, which sits at the Russell Smith Federal Courthouse, 201 East Broadway (U.S. District Court, Missoula). A claim against an out-of-state ski company, equipment maker or skier may end up there.
What happens after a ski accident near Missoula?
Ski patrol and medical care. Ski patrol provides first aid and transport off the hill. Serious injuries from the Missoula-area hills are usually treated at Providence St. Patrick Hospital, the region’s ACS Level 2 / State Regional Trauma Hospital, or Community Medical Center (DPHHS). Injuries at Lost Trail may first go to the hospital in Hamilton, and injuries at Discovery to facilities in the Philipsburg and Anaconda area.
Get the incident report. Ask ski patrol to write one, and ask that it record the name of any skier or snowboarder who hit you. Montana requires a skier involved in a collision not to leave without giving identification or notifying the proper authorities (§ 23-2-736).
Preserve evidence. Photograph the run, the hazard, signs or missing signs, and the lift. Keep your helmet, skis or board, bindings, lift ticket or season pass, and any rental or lesson paperwork. Snow conditions change overnight, and grooming erases the scene. We send preservation demands for lift maintenance logs, grooming records, patrol reports and video.
Watch the clock. Montana’s general deadline is 3 years (§ 27-2-204, MCA), but an injury on the Idaho side of Lost Trail could be governed by a different state’s rules. Call early.
Montana law that applies
- Inherent risks. The statute lists them, including weather, snow conditions, trees and rocks, terrain variations and collisions with other skiers. Avalanches on open, groomed trails and equipment that is not clearly visible or plainly marked are excluded (§ 23-2-702, MCA).
- Operator duties include marking snowmaking equipment, lighting grooming vehicles, and posting trail boards and open or closed runs (§ 23-2-733). Lifts must be built, operated and maintained to current standards (§ 23-2-734, MCA).
- Limits. In Mullee, the Court held Whitefish Mountain Resort had no duty to fence an embankment beside a beginner trail (2025 MT 113). Each case turns on its facts.
- Releases. Montana’s general recreation-release statute does not apply to skiing (§ 27-1-754, MCA), and the enforceability of a lift-ticket or season-pass release is unsettled.
For more, see our Montana ski accident lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle ski and snowboard cases statewide. Ski cases turn on the statutes, the operator’s records and the physical evidence on the mountain. Our attorneys travel to Missoula, Granite and Ravalli Counties for inspections, depositions, hearings and trial. If you were visiting Missoula and have gone home to another state, we can handle the Montana case while you recover.
The Boland Aarab Way
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client in Voegel v. Salsbery, 2023 MT 137.
- 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. 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 Missoula brain injury and Missoula spinal cord injury cases, and other Missoula personal injury claims.
Frequently Asked Questions
Can I sue Montana Snowbowl for an injury? Possibly, if the injury resulted from the operator’s failure to use reasonable care rather than from an inherent risk of skiing. Montana’s statutes do not immunize a ski area from its own negligence.
A snowboarder hit me at Snowbowl and kept going. What can I do? Report it to ski patrol right away and give a description. Montana requires skiers involved in a collision to identify themselves, and an identified skier who was out of control can be responsible.
I was hurt at Lost Trail. Is that a Montana or Idaho case? It depends on where on the mountain the injury happened. The area straddles the state line, so we confirm the location before relying on either state’s law.
Does my season pass waiver mean I cannot sue? Not necessarily. Montana’s recreation-release statute does not apply to skiing, and whether a particular ski release would be enforced is an unsettled question.
What if I was hurt getting on or off a chairlift? The ski area must operate and maintain its lifts to current standards. Loading and unloading accidents can support a claim, and lift records should be preserved quickly.
Talk to a Missoula Ski Accident Lawyer
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.
