Michigan winters are beautiful—but they’re also unforgiving. Frozen lakes become hockey rinks. Ski resorts buzz with life. Snowboarders carve through fresh powder. Kids race down sledding hills. And everywhere you look, the cold hides danger: slick surfaces, hard ice, unpredictable terrain, and crowds moving fast.

Whether you slip on black ice outside a ski lodge, take a bad fall snowboarding, clash with another skater at a rink, or collide with a tree while sledding—one impact can cause a Traumatic Brain Injury (TBI). TBIs aren’t always dramatic or obvious. Sometimes there’s no loss of consciousness at all. Just a sharp hit. A foggy feeling. A headache that "doesn’t feel normal."

A TBI can leave you feeling confused, scared, overwhelmed by headaches, struggling to remember simple things, or unable to focus. For some, symptoms last days. For others, they last a lifetime—changing everything from mood and sleep to mobility, employment, and independence.

At Marko Law, we know how devastating TBIs can be—not just to the victim, but to their entire family. We’ve spent years fighting for people whose lives were turned upside down by preventable injuries. You deserve answers, support, and justice. And that starts with understanding your symptoms, your rights, and your legal options.

Who May Be Liable for a Winter Sports–Related TBI?

Ski Resorts & Lodges

Ski resorts are responsible for keeping guests safe. Liability may apply when a TBI happens because of:

• Equipment failure, including faulty bindings, boots, or rented gear
• Negligent supervision by resort staff
• Unsafe slopes, unmarked obstacles, or poorly groomed trails
• Failure to warn of hazards, such as thin snow, ice patches, or sudden drop-offs

Sports Facilities & Arenas

Ice rinks and arenas must maintain safe conditions. They can be liable when TBIs stem from:

• Poor ice maintenance leading to ruts, cracks, or uneven surfaces
• Overcrowding, which significantly increases collision risk
• Dangerous conditions, like unpadded walls or blocked exits

A rink’s failure to maintain its surface can be as dangerous as a car skidding on ice.

Operators & Instructors

Instructors and operators must be properly trained and attentive. Liability may apply when they:

• Give negligent or unsafe instruction
• Fail to enforce safety rules on the slope or in the rink
• Lack the training necessary to keep participants safe

Many parents trust instructors with their children—those instructors must uphold that trust.

Manufacturers of Defective Equipment

Sometimes the danger comes from the gear itself. Manufacturers may be responsible for TBIs caused by:

• Defective helmets that fail to protect
• Faulty skis, bindings, or boots
• Poorly designed or defective sleds or tubes

When equipment fails during normal use, that’s not an “accident”—it’s negligence.

Municipal Liability (Public Rinks, Parks, Trails)

Cities and counties that operate winter recreation areas must maintain them safely. They may be liable for:

• Unaddressed snow or ice hazards
• Maintenance failures, including worn-out or broken equipment
• Dangerous conditions on trails, walkways, or public rinks

Government claims have strict deadlines—miss them, and you lose your rights.

Michigan Law & Winter-Sports Injuries

Understanding Negligence

Negligence means someone failed to act with reasonable care—and that failure caused your injury. In Michigan, negligence involves:

• Duty (the person or business owed you safety)
• Breach (they failed to meet that duty)
• Causation (their failure caused your injury)
• Damages (you suffered harm as a result)

Recreational Activity & “Assumption of Risk”

Michigan courts recognize that winter sports come with inherent risks. Slipping on snow, falling during a turn, or losing your balance may be “expected.”

But when the risk arises from someone else’s negligence—not the sport itself—you may have a claim.

Examples include:

• Hidden hazards
• Dangerous facility conditions
• Faulty rental equipment
• Inadequate supervision

The Role of Michigan No-Fault Law

If your winter TBI involved a motor vehicle—such as:

• A snowmobile
• An ATV
• A maintenance vehicle

—you may qualify for Michigan No-Fault benefits, including:

• Medical care coverage
• Wage-loss benefits
• Replacement services

Government Liability Exceptions

If your TBI occurred on city-owned property, special rules apply:

• Shorter notice deadlines (some as short as 120 days)
• Additional filing requirements
• Exceptions needed to overcome governmental immunity

What to Do Immediately After a Winter Sports TBI

Get a Medical Evaluation Immediately

Even if you think you're “just shaken up,” TBIs can hide beneath the surface. You may feel fine one moment and confused the next. A medical professional can document your injury, rule out bleeding, and provide early treatment that may prevent long-term damage.

Take Photos and Video

Winter accidents often involve conditions that change quickly—ice melts, snow gets cleared, lighting shifts. Capture:

• The accident scene
• Your injuries
• Faulty equipment
• Hazardous conditions (ice patches, uneven ice, unmarked obstacles)

Identify Witnesses

If anyone saw you fall or noticed unsafe conditions, get their names and contact information. Witnesses often make or break liability cases.

Secure Your Equipment

Do not return skis, snowboards, skates, helmets, or sleds to the rental counter.
Defective equipment can be a key factor in a TBI. Bring it home or store it safely for inspection.

File an Incident Report

If the injury happened at a:

• Ski resort
• Ice rink
• Resort lodge
• Municipal park
• Indoor sports complex

ask to file a formal report immediately. Make sure your version of events is included accurately.

Avoid Speaking to Insurance Adjusters

Insurance reps often call quickly—sometimes within hours. Their goal is to limit the claim, minimize your injuries, or get you to say something they can use against you later.

Don’t speak to them alone. Don’t sign anything.

Contact an Attorney Who Understands TBI and Michigan Winter-Sport Cases

Winter-sports injuries are complex. Resorts blame the athlete. Cities hide behind immunity. Insurers downplay TBIs. You need a team that knows how to fight back hard—and win.

At Marko Law, we understand the medical science behind TBIs, the legal nuances of winter-sports claims, and the emotional weight you carry after an unexpected traumatic injury.

Damages You May Be Entitled To

Economic Damages

Medical Bills

Emergency care, imaging, hospital stays, medications, and specialist appointments all add up fast.

Rehabilitation

TBIs often require:

• Physical therapy
• Occupational therapy
• Speech therapy
• Cognitive rehabilitation

Future Medical Care

Many TBI survivors need ongoing treatment for years. We work with medical and economic experts to calculate future care needs.

Lost Wages

A TBI can interfere with concentration, memory, stamina, and balance—making full-time work impossible. Some victims never return to their previous career.

Non-Economic Damages

Pain and Suffering

A TBI often causes chronic headaches, dizziness, and lasting physical pain.

Emotional Trauma

Depression, anxiety, and personality changes are common and devastating.

Loss of Enjoyment of Life

You may no longer be able to participate in activities you once loved or live independently the way you did before the injury.

Loss of Consortium

When a TBI affects your relationships, your spouse may have their own claim.
This includes:

• Emotional strain
• Loss of companionship
• Changes in intimacy
• Increased caregiving burdens

Injured on the Ice? Fight Back With Marko Law.

A single winter fall can change your entire future.
One moment you’re having fun; the next, you’re facing dizziness, memory loss, blurred vision, or a long road of rehabilitation. Winter-sports TBIs are serious, life-altering, and far too often preventable.

At Marko Law, we stand beside people whose lives have been turned upside down by negligence on the ice, on the slopes, or anywhere Michigan winter fun takes place. We understand the stakes. We know the medical science. And we don’t back down from powerful defendants, whether they’re resorts, cities, corporations, or insurance companies.

If you or someone you love suffered a TBI in a winter-sports accident, call us now.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com