Do Skiers 'Assume Risk' of Possible Collisions, Waive Right to Sue Other Skiers Except for Reckless or Intentional Conduct?
Or Does State Law Listing Skier 'Responsibilities' Create Strict Liability Standard?
Angel L. Horvath et al. v. David Ish et al., Case no. 2011-1089
Ninth District Court of Appeals (Summit County)
ISSUE: Do skiers and snowboarders using Ohio's commercial ski slopes "assume the risk" of a possible collision with another skier or snowboarder as an inherent and ordinary hazard of the sport, and thereby waive the right to sue another skier for an injury arising from a collision unless they can show it was caused by reckless or intentionally harmful conduct? Or does a provision of state law that defines responsibilities of recreational skiers create a statutory "duty of care" under which one skier can sue another for conduct that is merely negligent?