What is the liability of an experienced intermediate skier who, as a result of an accident on a ski lift at a ski resort, lost control of her skis as she approached the waiting point where she was required to stop before proceeding to the loading position?

Alberta, Canada


The following excerpt is from Novak v. TIW Industries Ltd., 1986 CanLII 1605 (AB QB):

The plaintiff has stated she was an experienced intermediate skier and that she had been on ski-lifts of this kind many times. She was familiar with the way the loading area was constructed. She knew that there would be a gradual slope from the waiting point to the loading board. One can only assume that on this occasion she was not paying sufficient attention when she approached the waiting point where she was required to stop before proceeding to the loading point. She was surprised by the slope from the level terrain at the waiting point to the loading position. She did not support herself nor did she have herself under control. This resulted in her proceeding and moving from the waiting point when the two skiers in front of her had not safely departed. I do not believe the grade of the slope was greater than normal or reasonable. The area had been checked in the morning and, although the accident occurred in mid-afternoon, there had been no prior incidents or accidents involving this slope. I am satisfied that reasonable care was taken to ensure that the premises were reasonably safe for the purposes for which they were intended to be used. This is the test set out in Preston v. Canadian Legion, supra.

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