Ski-Resort Operators' Liability for Employees' Actions

Abstract

Ski-resort operators may be liable for accidents and damages caused by employees even when they are off duty. In a Utah case, an employee, taking time off from his regular duties, was skiing recklessly while returning from a business errand. (He regularly skis between job assignments for his employer.) The resort was found liable for the employee's conduct, even though some of his skiing was on his own time and he was not following posted rules for the slope he was on. The reasoning stems from a three-part test: (1) that the conduct is of the general kind the employee was hired to do; (2) that the activity occurs within the typical hours and normal space of employment; and (3) that the conduct must be at least partly motivated by the employer's need.