A lawsuit brought on behalf of a girl who broke her leg after crashing into a pole while skiing upstate will go forward because the ski resort may have “unreasonably increased” the skier’s risk by not padding the pole, a state appeals court has ruled.
The Appellate Division, First Department panel wrote that “if, as plaintiffs maintain, the unpadded pole was located on the ski trail or in an area where skiing was permitted, then defendants could be found to have failed to maintain their property in a reasonably safe condition.”
