This case takes place in Colorado and involves an individual who was seriously and permanently injured while snow tubing at a ski resort located in the pacific northwest. Each year, the resort created an artificial slope for use by snow tubers, which allowed participants to reach very high speeds while remaining confined within a pre-cut lane that prevented loss of control and collisions. At the bottom of the slope, the resort had left a small area of level ground to give participants the chance to slow down. In addition to this short level run off, the resort had also constructed a small berm made of snow in order to stop tubes that were traveling too fast. Behind this berm was a drop off of several feet. At the time of the incident in question, the Plaintiff was travelling too quickly after descending the hill to stop during the short run off, and impacted the berm at high speed. The Plaintiff was thrown from her tube due to the impact and flew over the top of the berm, landing on the ground several feet below and suffering a number of serious injuries. It was alleged that the slope and landing area were negligently and dangerously designed and constructed.
