Landmark Legal Ski Resort Judgement in USA
30th May 2024
Last modified on June 5th, 2024
A court has ruled that a resort cannot necessarily discharge its legal obligations by making skiers and snowboarders sign waivers.
It appears to be a decision with far-reaching consequences for the US ski industry.
The Colorado Supreme Court has ruled in favour of a teenager, Annie Miller, who was paralysed after she fell from a chairlift at Crested Butte Mountain Resort in 2022.
She fell from the Paradise Express chairlift when she was unable to properly get on the moving seat.
Her family sued the resort’s owner, Vail Resorts, arguing that lift operators failed to stop the chair despite witnessing her struggle.
The lawsuit challenged the validity of the Colorado Ski Safety Act, which in the past has protected ski resorts from liability in many accidents.
Skiing in the USA. Image © PlanetSKI.
The Court’s decision hinges on the interpretation of the act’s requirement for resorts to uphold “the highest standard of care” for lift operations.
The justices ruled that liability waivers signed by skiers cannot absolve resorts of responsibility for negligence.
The 5-2 majority judgement of the court reasoned that “a party cannot discharge its obligation to perform a statutory duty by way of an exculpatory agreement. …Specifically, under section 13-22-107(4), parents cannot waive a child’s prospective claim for “a willful and wanton act or omission, a reckless act or omission, or a grossly negligent act or omission.”
See here for the full judgement of the Colorado Supreme Court.
It is expected the case will now be held in a lower court.
Previously the lower Courts had taken the view that the Colorado Ski Safety Act prevented cases from being heard.
“This was a big victory for ski safety in Colorado,” said the lawyer who represented the Millers, Bruce Braley.
“It says unequivocally that ski areas cannot force skiers and snowboarders to sign away their rights to protection under the statutes and regulations that govern the ski industry in Colorado.”
Other ski states and resorts will be looking closely at the ruling as ski resorts across the USA rely on liability waivers and similar protections.
See more on Ski Industry News.
