A skier has filed a lawsuit against Winter Park and others after reportedly falling from a chairlift at the Colorado ski resort in 2023.
The plaintiff, Arturo Burgueno of Bear County, Texas, filed a complaint with the U.S. District Court for the District of Colorado after reportedly falling from the Explorer Express on March 17, 2023. Burgueno called the fall “catastrophic” and claimed he sustained physical and mental trauma.
According to the complaint filed, Burgueno is an experienced adaptive skier who uses a sit-ski and fell off the chairlift after a lift operator incorrectly loaded him onto the chair, causing him to injure himself.
The complaint states that the lift operator instructed Burgueno to load the lift well behind the area where riders normally load and then failed to observe Burgueno as the chairlift approached the “load here” line. Once it reached the line, three other skiers loaded the chair with Burgueno.
As a result of his ski equipment being improperly secured to the lift, Burgueno fell from the chair just as it passed the first lift tower, causing him severe injury, the lawsuit says. Burgueno was reportedly hospitalized for several weeks following the accident and, according to his attorney, has medical bills totaling over $1M.
Photo: Courtesy of Winter Park Resort
Burgueno’s attorney, Joseph Bloch, released a statement saying: “He [Burgueno] has had a long, difficult recovery, and it remains to be seen if he will ever return to the same high-level of physical functioning that he enjoyed prior to this horrific fall.”
The lawsuit was filed on January 2, 2025 against Winter Park Resort, Alterra Mountain Co., Intrawest/Winter Park Operations Corp, and the lift operator who loaded Burgueno onto the lift.
Specifically, the claims include:
- First claim for relief – Negligence – Defendant Frame
- Second claim for relief – Negligence (Respondeat Superior) – Defendant Intrawest
- Third claim for relief – Negligence Per Se – All Defendants
- Fourth claim for relief – Negligent Supervision/Training- Defendant Intrawest
- Fifth claim for relief – Gross Negligence – All Defendants
- Sixth claim for relief – Extreme and Outrageous Conduct – Defendant Intrawest
- Alternative claim for relief – Premises Liability- Defendant Alterra Mountain Company
Burgueno is represented by the Bloch & Chapleau, Cates, Ongert law firm. The lawsuit seeks coverage for serious injury, damage, and losses and compensation for both economic and non-economic losses.
The Explorer Express is a high-speed detachable quad lift with a speed of 5m/second. Construction on the Poma lift was completed in 1999.
In a statement shared with POWDER, Winter Park wrote that it “is aware of this incident and the recently filed complaint.” The resort doesn’t comment on pending litigation and, according to the statement, “will respond through the appropriate channels.”
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