Boise, Idaho— Idaho’s ski industry is breathing a sigh of relief this week, as the Idaho Supreme Court has reversed a decision that threatened the future of ski resorts in the state. However, while that case has basically concluded, the ruling still provides some future risks for the ski industry.
The Idaho Capital Sun reports that the Idaho Supreme Court overturned its previous ruling, stating that the skier injury lawsuit against Sun Valley Resort should be dismissed. However, it also upheld its ruling that questioned the “standard of care” that’s part of the “Ski Liability Act,” which means more lawsuits against ski resorts might be forthcoming.
The case stems from November 2019. Stewart Milus was skiing with “poor control” on the Lower River Run trail at Sun Valley Resort. Stewart was skiing on this groomed run when his skis glided onto the back of another person’s skis. He then fell and crashed into the padding attached to a snowmaking gun. Milus died from injuries sustained during the crash.
His widowed spouse sued Sun Valley Resort over his death. Ski resorts are currently protected by Idaho’s 1979 Ski Liability Act, which was intended to shield ski resorts from litigation. In 2023, the Idaho Supreme Court reversed a district court’s ruling, saying that a jury should consider whether the ski resort could be held at least partially at fault. Sun Valley then asked for reconsideration from the Supreme Court, which was granted. The Supreme Court heard additional arguments regarding the case last February.
In response to the Supreme Court’s most recent ruling, Idaho’s legislature may consider a bill in the future to clarify the language regarding ski resort liability. The goal of the legislation would be to protect the ski industry. However, unless a special session is called, they won’t convene again until 2026. Here’s what Rep. Bruce Skaug, who is the head of the state’s House Judiciary Committee, told the Idaho Capital Sun regarding the ruling.
“Now’s the time for our committee to at least look at possible changes, so that the law is more clear, as to what it is intended — so that it’s easier for the courts and litigants to interpret.”
Meanwhile, its next-door neighbor, Oregon, is also dealing with legal challenges regarding ski resort liability. You can read about that here.
Image Credits: Shawn Clark, Fudo Jahic
