The Colorado Supreme Court recently heard arguments concerning a case that involves liability waivers and their validity when it comes to ski resorts and possible other recreation companies. It stems from an incident involving an Oklahoma teenager who fell 30 feet off a lift and became paralyzed in March 2022.
Annie Miller and her family are suing Crested Butte Mountain Resort and Broomfield-based owner Vail Resorts, accusing them of gross negligence. Team Editor David Krause with The Colorado Sun joined us for the latest on that story.
Krause said liability waivers are extremely common in the resort industry.
“You rent ski gear, you get a lift ticket, you go rafting – you're going to sign a liability waiver,” Krause told KUNC.
The 16-year-old and her family are arguing that these waivers should not give a resort total protection if it doesn't follow safe environment guidelines laid out by the Colorado Passenger Tramway Safety Act and the Colorado Ski Safety Act.
Krause said Miller fell because she was unable to load the lift properly. The Colorado Sun reported Miller’s father and people waiting in line screamed for an attendant to stop the lift, but to no avail.
“The family, in their lawsuit - which they filed in Broomfield County - argued the lift attendants were negligent,” he said. “They say they didn't stop the lift in time and they weren't paying attention.”
The Broomfield court dismissed the suit, saying the liability waiver Miller’s father signed for her Epic Pass waived their ability to sue.
“The family has appealed the decision to the Colorado Supreme Court saying, ‘Hey, let's revisit this liability waiver issue that was dismissed at the lower court,’ arguing that, again, the liability waiver shouldn't cover the resort if they don't make it a safe place,” Krause told KUNC.
In addition to concerns about how much protection resorts get from waivers, the case also raises questions about parents’ legal authority to sign waivers on their minor children’s behalf.
In 2002, the state Supreme Court decided the family of an injured ski racer could sue Aspen Ski And Snowboard Club. The opinion also said parents could not sign away a minor's ability to sue.
In 2003, state lawmakers took up the liability waiver issue. Current state law permits parents to sign liability waivers for their kids participating in recreational activities.
“Lawmakers crafted this legislation really because they wanted to try to keep things affordable (for resorts),” Krause told KUNC.”The implications here could be kind of big, because it could hit in not just skiing, but in different areas.”
Ski patrol groups have filed amicus and friend-of-the-court briefs suggesting that weakening liability waivers could reduce or eliminate available recreational options for children because of increased insurance costs.
The Colorado Supreme Court should reach a decision within the next few months.
