US Court Rules That Avalanches Are an Inherent Risk of Skiing
29th September 2026
The Colorado Supreme court agreed that avalanches result from changing snow conditions, changing weather, and variations of steepness and terrain, all of which are specifically noted in the Ski Safety Act. NEW
It follows a legal case brought against Winter Park resort following a death in 2012 caused by an avalanche inbounds.
The family of the deceased argued that the resort knew avalanche danger was high, and therefore should have closed the area.
The resort claimed that the Act’s description of the inherent risks of skiing and riding, such as changeable terrain, weather, and snow conditions, contributed to avalanches, which makes avalanches covered by the statute.
In the court’s 5-2 decision, it cited the snow conditions clause in the act.
“The phrase ‘snow conditions as they exist or may change’ encompasses avalanches that occur within the bounds of a ski resort.
The statute also contemplates that the snow conditions ‘may change.’
One obvious way in which a snow condition ‘may change’ is through the movement of the snow, including by wind and gravity.
And at its core, an avalanche is moving snow caused by gravity.”
Fatal inbounds avalanches in the USA are rare, with 11 in the past 26 years.
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