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Question of Fact About Negligent Operation of a Ski Lift

The Fourth Department determined plaintiffs had raised a question of fact about whether the operators of a ski lift were negligent in failing to notice plaintiff’s skis were entangled as they approached the point where they were to get off the lift.  Supreme Court had determined the cause of action was prohibited by the assumption of the risk doctrine:

It is beyond debate that there is inherent risk of injury to participants in downhill skiing . . . Moreover, there is undoubtedly some risk of injury inherent in entering, riding and exiting from a chairlift at a ski resort.  However, . . . the latter is not of such magnitude as to eliminate all duty of care and thereby insulate the owner from claims of negligent supervision and training of the lift operator or negligent maintenance and operation of the lift itself since such negligence may unduly enhance the level of the risk assumed” (…see General Obligations Law § 18-101…). …

We conclude … that defendants’ own submissions raised triable issues of fact whether they were negligent in their operation of the chairlift, thereby unduly enhancing the risk to plaintiff … . … Upon reaching the sign directing passengers to prepare to unload, plaintiff noticed that her skis were entangled with her son’s skis.  Defendants did not slow or stop the chairlift, and plaintiff was unable to unload from the chairlift before it passed the unloading area.  Plaintiff was injured when she either jumped or was thrown from the chairlift before it reached the safety gate that would have stopped the chairlift.  Tone v Song Mountain Ski Center…, 1377, 4th Dept 1-3-14

 

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