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Who is responsible for the safety of resort visitors?

A tragic accident at a resort in Colorado raises questions about safety and what role individuals play in preventing accidents. A mother was killed and her two children injured when the ski lift they were riding collided with a support tower. While investigators determined the fatal accident in question was caused by electrical problems, witnesses pointed out that the family did not have the safety bar down. The resort owners may attempt to limit their liability by claiming the guests shared some responsibility because they did not use the safety bar provided.

Apportioning fault after an accident

Florida uses a system known as pure comparative negligence to apportion liability, or blame, after an accident. If you were injured in a slip and fall or other accident at a resort, the court would determine the total amount of damages you suffered, and then reduce that amount by the percentage of fault belonging to you. If your actions were 10 percent of the cause of your accident, the amount you could recover would be reduced by 10 percent. 

Accidents at resorts

After a serious accident, a hotel or resort may try to play up your part in the injuries you suffered. Every bit of blame that can be moved from them to you reduces the amount they will have to pay. The process is often frustrating for someone victimized by a negligent resort.

It is far too early to speculate about the disposition of the case in Colorado. Significant investigation is necessary to understand the accident, and the harm suffered by the victim and her children. It is one thing to know the law and another to apply it. When it comes to an actual accident, it is vital to have an attorney on your side who understands issues of liability in injury cases. The right representation can make all the difference in the world when it comes to the outcome of an individual case.

Source: People, "Mom Who Fell to Her Death from Colorado Ski Lift Did Not Have Safety Bar Down: 'It Was Devastating,' Says Witness," by Hilary Shenfeld, 3 January 2017 

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