Gwyneth Paltrow, the Oscar-winning actress turned businesswoman, is appearing in court this week in a civil trial related to a 2016 collision with another skier at Deer Valley resort in Park City, Utah. The lawsuit raises concerns about who is responsible when one skier collides with another on the slopes.
Lawyers for Paltrow and plaintiff Terry Sanderson portrayed their clients in court as conservative skiers who were stunned when the other party crashed into them from above. Sanderson’s lawyer described Paltrow as wealthy and out of touch, while Paltrow’s lawyer questioned Sanderson’s memory, citing his 76-year-old age and previous brain injuries.
However, according to attorneys, Paltrow’s location on the mountain in relation to Sanderson will likely determine whether she is ordered to pay him millions of dollars in damages.
In 2019, the Deer Valley visitor sued Paltrow, alleging that she was skiing recklessly and collided with him from above, causing serious, permanent injuries and emotional distress. Paltrow later filed a countersuit, claiming Sanderson was the one who hit her from behind.
Paltrow, who founded the wellness and lifestyle brand GOOP, has claimed — and some legal experts speculate — that Sanderson sued her in an attempt to take advantage of her celebrity and wealth.
“He demanded that Ms. Paltrow pay him millions of dollars. If she did not pay, she would be subjected to negative publicity as a result of his allegations “In a court filing in 2019, her attorneys stated.
Uphill or downhill?
In any case, the case is decided by which of the two parties acted unreasonably while on skis.
“When one skier collides with another, the issue is one of negligence. Did they make a mistake? “Kohn Roth Law personal injury attorney Roger Kohn told CBS MoneyWatch.
In terms of ski slope behavior, it is almost always the responsibility of the uphill skier to be cautious of the downhill skier. In other words, the person further down the slope, the downhill skier, has the right of way.
“The uphill skier must keep an eye out for the downhill skier. If you are overtaking someone and hit them, you are most likely liable and at fault “Kohn went on to say.
The responsibility code of the National Ski Areas Association, which governs ski resorts in North America, states that “People ahead of you or downhill have the right of way. You must stay away from them.”
Skiers must also “always stay in control” and be able to stop in order to avoid colliding with other people.
Collisions happen
Ski collisions are common, and when injuries occur, lawyers are sometimes called in.
“Some lawyers have made a career out of ski accidents,” said Bryn “Butch” Peterson, a veteran Colorado ski instructor, to CBS MoneyWatch. He went on to say that he once witnessed a woman being hit by a skier who came “blasting out of a tree trail” in Vail, Colorado.
In contrast to that incident, most ski accidents are caused by skier-skier or skier-snowboarder collisions; instead, skiers collide with a tree or other type of obstacle.
According to the NSAA, there were 57 reported fatal incidents during the 2021-2022 ski season, the majority of which were caused by skiers colliding with trees. Males accounted for 95% of all fatalities. During the same season, an additional 54 “catastrophic” incidents were reported.
Homeowners Insurance
Most homeowners insurance policies also include general liability coverage, which follows a homeowner around even when they’re not at home, including when they’re out on skis.
“It covers you if there’s something dangerous in your home or on your property and someone gets hurt and sues you, but it also follows you around if you’re at the grocery store and run a kid over with a shopping cart, and it covers ski collision claims,” said David Cutt of Salt Lake City’s Cutt, Kendell and Olson.
“That’s exactly what’s going on here. In this case, if Paltrow has homeowners insurance, the policy will kick in and pay a settlement or judgment up to the policy’s limits “He stated.
According to Kohn, a lawyer would typically only get involved if the defendant is wealthy or has homeowners insurance.
“It’s a waste of time to sue someone who doesn’t have homeowners coverage,” he says.
However, if they have insurance, that policy will kick in, and the insurer will defend as well as pay the claim.
In a two-person collision, it is not always the case that one party is at fault.
“However, there is a clear case of liability if you can show the other skier was skiing too fast, acting inappropriately, or should’ve seen the other skier,” he explained.
He said, she said
Cutt said he’s tried dozens of these cases in Utah and that the verdict always depends on who the jury believes were the uphill and downhill skiers.
“In this trial, Sanderson claims he was the downhill skier who was hit from behind, while she claims the opposite — that she was skiing along and he plowed into her from uphill,” Cutt said.
“What it will come down to is the jury listening to everyone about the collision and the aftermath and deciding who they think is credible and who isn’t,” Cutt said. “And the big elephant in the room is that it’s Gwyneth Paltrow.”
