Denver, Colorado- The Colorado ski industry has been dealt a major blow by the state’s Supreme Court.
The Denver Post reports that the Colorado Supreme Court ruled 5-2 that the waivers of liability that skiers and riders sign before going out on the slopes don’t protect ski resorts when they break state laws or regulations. This means that if Colorado ski resorts break the law and display negligence, they can be held liable for damages.
On March 16th, 2022, Michael Miller was on a ski trip to Crested Butte with his daughter Annie. While boarding the Paradise Express chairlift, Annie couldn’t get herself settled into the seat before the ascent. Despite people near the scene begging the workers to stop the lift, the workers allegedly didn’t do anything, as there wasn’t anyone present, reportedly. Annie held onto the chair until she couldn’t, ultimately falling thirty feet onto the snow. The chairlift allegedly never stopped, even when Annie fell. Annie will never be able to walk again. In addition, she suffered a bruised heart, lacerated liver, injuries to her lungs, and shattered C7 vertebrae.
Michael Miller sued Vail Resorts for three causes of negligence. A lawsuit was filed in December 2022 with the Broomfield County District Court. Two of the charges from the lawsuit were dismissed in April 2023, but the family appealed the ruling to the Colorado Supreme Court. This decision partially reversed the Broomfield County District Court decision, which dismissed the negligence-highest duty of care and negligence per se claims. They are also pursuing their gross negligence claim, which is still in the Broomfield County District Court.
What ultimately protects ski resorts in the state are the Ski Safety Act of 1979 (also known as the Colorado Ski Safety Act) and the Passenger Tramway Safety Act. The Ski Safety Act of 1979 limits the amount of damage an injured party can obtain to $250,000 and makes guests assume responsibility for the risks of the sport. It does limit protections for ski resorts, though, if the party can prove the operators engaged in gross negligence.
Evan Banker, a personal injury attorney at Denver firm Chalat Hatten & Banker, said the following about the ruling to the Denver Post:
“It’s a sea change, in terms of ski areas’ responsibilities and consumers’ ability to be protected from ski areas’ negligence,. From a consumer protection standpoint, it’s huge. Because liability breeds responsibility…For many, many years… everyone sort of agreed that when you sign that waiver you are waiving claims of negligence, but you can always still make claims if the ski area fails to do the things it is required to by law, like maintaining the lift properly.”
Banker elaborated to the Post that for ski resorts, the good news is that their liability still holds up in situations where it wasn’t their fault, but not in situations where the operating violating the state’s rules is clear:
“For many, many years… everyone sort of agreed that when you sign that waiver you are waiving claims of negligence, but you can always still make claims if the ski area fails to do the things it is required to by law, like maintaining the lift properly. So what this has done is change that. It brings us back to the landscape everyone understood it to be many years ago. Which is, you can waive claims of negligence, but the ski area doesn’t get to avoid its legal responsibility, its responsibility in statute and regulations, by having you sign a waiver.
So what this has done is change that. It brings us back to the landscape everyone understood it to be many years ago. Which is, you can waive claims of negligence, but the ski area doesn’t get to avoid its legal responsibility, its responsibility in statute and regulations, by having you sign a waiver.”
I think this was the right ruling by the Colorado Supreme Court. Clear situations of negligence or violation of the rules, like what the prosecution argued in this case, should result in ski resorts being held liable. I wonder how this will impact the industry and whether ski resorts will drive prices up further to protect against future lawsuits.
The Colorado Supreme Court’s ruling can be read here. To learn more about the potential implications of this case, check out The Denver Post’s article about the ruling.
Image/Video Credits: Crested Butte Mountain Resort, Craig Hospital
