Forest Service Not Liable For Injuries To Skier On Forest Service Concession Area

A court recently dismissed the Forest Service as a defendant in a lawsuit brought against a ski area that operated under a Forest Service permit.  The lawsuit was brought by a skier who was injured after landing a ski jump.  The court held that the Forest Service’s actions related to the incident were discretionary and it had not violated any mandatory requirement related to the ski area operations.

The skier argued that the requirement in the permit that the Forest Service approve of signs and improvements demonstrated that the Forest Service’s actions were not discretionary.  However, the court held that, because the permit did not set out any specific direction as to the type and location of signs in the ski area, the permit clause did not impose any specific obligation on the agency.  The court also held that the ski jump was not an improvement to the land which required Forest Service approval, but even if it was, the permit also contained no specific requirements as to improvements.

The court also held that the ski area permittee was an independent contractor because the Forest Service did not control the detailed physical operations of the permittee.  Under the law, the Forest Service is not liable for the negligence of an independent contractor.