NJ Supreme Court Rules that Ski Slope Immunity Law is No Bar to Injury Suits Between Skiers

Last week, the New Jersey Supreme Court ruled in Angland v. Mountain Creek, A-57-11, that skiers can be held accountable for injuries to others on the slopes, but only if their conduct is "reckless."  The unanimous court rejected the argument that the New Jersey Ski Act, N.J.S.A. 5:13-1, which vests ski resort operators with near absolute immunity, prohibits suits between skiers.  Rather, the Act sets out a code of conduct for skiers that requires plaintiffs in such suits to prove recklessness, not merely ordinary negligence.  The Supreme Court's ruling means that a suit a lawsuit filed by the estate of a man who died as a result of a skiing accident against another skier can go forward.