What standard of care applies to child skiers in Utah? Donovan v. Sutton Explained

The Utah Supreme Court in Donovan v. Sutton established for the first time the standard of care that applies to skiers on Utah slopes, while clarifying how this standard applies to child defendants in negligence actions.

Background and Facts

A nine-year-old beginner skier was skiing with her father on a green “bunny hill” at Park City Mountain Resort when she inadvertently lost control. While skiing slowly in a wedge position, she suddenly came out of the wedge and accelerated despite attempts to regain control. She collided with Stephanie Donovan, who had stopped on the run to take photographs. Donovan sued both the child for negligence and the father for negligent supervision.

Key Legal Issues

The court addressed two primary issues: (1) what standard of care applies to skiers in Utah, and (2) whether the facts established breach of duty by either the child skier or her supervising parent. The court also considered whether to adopt Section 316 of the Second Restatement of Torts for negligent supervision claims.

Court’s Analysis and Holding

The court held that “a person has a duty to exercise reasonable care while skiing.” For child defendants, this standard is measured by “that degree of care which ordinarily would be observed by children of the same age, intelligence and experience under similar circumstances.” The court found that the child’s inadvertent loss of control, without more, did not constitute a breach of this duty. The court also declined to adopt the Restatement approach to negligent supervision, finding the plaintiff failed to show the child’s conduct created an “unreasonable risk of bodily harm” as required by that standard.

Practice Implications

This decision provides important guidance for recreational injury cases in Utah. Practitioners should note that inadvertent falls or loss of control alone are generally insufficient to establish negligence, particularly for child defendants. The court’s rejection of municipal ordinances as automatically establishing the standard of care also highlights the importance of proper preservation of issues and adequate briefing. For negligent supervision claims, practitioners should focus on whether the child’s conduct truly created an unreasonable risk that the parent should have prevented.