Can a skiing accident establish negligence without additional evidence? Donovan v. Sutton Explained

The Utah Court of Appeals addressed an important question about skiing accidents in Donovan v. Sutton, clarifying when collisions on the slopes can establish negligence. The case provides valuable guidance for practitioners handling recreational skiing injury cases.

Background and Facts

Nine-year-old S.S. was learning to ski on a beginner run called “First Time” at a Utah ski resort, accompanied by her father Dwight who stayed close downhill. Meanwhile, experienced skier Stephanie Donovan stopped on the same slope to take a photograph. S.S., skiing in a wedge at approximately five miles per hour, began to lose control about ten feet from Donovan. Unable to maintain her wedge, S.S. accelerated, leaned back, and collided with the stationary Donovan from behind.

Key Legal Issues

Donovan sued S.S. and her parents for negligence and negligent supervision. The central issues were whether S.S.’s loss of control and collision established negligence, and whether the parents failed to adequately supervise their child. The district court granted summary judgment for the Suttons on both claims.

Court’s Analysis and Holding

The court of appeals affirmed, applying the precedent from Ricci v. Schoultz. The court held that skiers owe “a duty to other skiers to ski reasonably and within control,” but “an inadvertent fall on a ski slope, alone, does not constitute a breach of this duty.” The court emphasized that evidence of a skier’s “failure to use reasonable care before the sudden, unexpected fall” is required to establish negligence. Regarding the negligent supervision claim, the court found no evidence that the parents failed to exercise reasonable care given that they provided appropriate instruction and supervision for a beginner skier.

Practice Implications

This decision reinforces that skiing collisions are often inherent risks of the sport rather than evidence of negligence. Practitioners defending skiing accident cases should focus on demonstrating that any loss of control was inadvertent and that the skier was exercising care appropriate to their skill level before the incident. The decision also illustrates the high bar for establishing negligent supervision claims against parents in recreational activities.