Legal Question in Personal Injury in New York

I'm working at a ski resort part time on the ski patrol. Per the insurance regulations, we have to practice the lift evacuation procedures (in case the lift gets stuck and we have to get the customers off the ski lift) at least once a year. We did it in October of last year. When it was warmer. With no snow on the ground. I have taken and am currently certified tot he highest level of technical rope rescue that is offered. I am extremely uncomfortable with the way they do the lift evacuation, and think it is very dangerous for both the ski patrol and the customers. I have told my ski patrol director how I feel, and explained why i feel this way, as well as gave him alternatives to the current method to make it much safer. He told me the way its currently done is fine and they've never had a problem doing it that way. My question is, because of my certifications in rope rescue, if someone gets hurt and sues, can I be held liable either in criminal court or civil court? I know for a fact that anyone with any rope rescue training agrees with me that the current method is unsafe.


Asked on 2/08/11, 7:33 am

1 Answer from Attorneys
Michael Krigsfeld William Schwitzer & Associates, P.C.

Generally speaking, an employee who has committed a negligent act within the scope of his/her employment will not be liable for civil damages pursuant to the theory of respondeat superior - Latin for "let the master answer." Basically, your employer is liabile for your acts as long as you were not reckless and followed normal business practices (i.e. you were not reckless in your duties and did not disregard proper company prodecure). One of the other issues that would need to be examined is whether you have an employment contract with the ski resort. If you do, look for the indemnity clause to see who and what kind of liability there might be and who would be responsible for covering the expenses associated with any litigation or settlement procedures. As for criminal liability, you will only be liable here if you break a law, such as tampering with the safety devices or something like that. I would not worry much about this.

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Answered on 2/11/11, 9:25 pm


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