Industry News
Whether skiing or snowboarding, every mountain visitor seeks the joy and good times of their sport. Yet, we must acknowledge the inherent risks involved with riding downhill, whether stemming from terrain or man-made hazards. While we riders understand risk, the resorts that provide these great experiences worry about liability.
Every lift ticket purchase in America requires a liability waiver that must be signed. This document typically absolves the resort of responsibility for injuries or accidents occurring on its property. Resorts can pay up to $3 million for liability policies. After the Colorado Supreme Court agreed to hear a petition from a snowboarder named John Litterer, the critical question now is: “To what extent does this liability waiver truly protect the resort?”
The case of John Litterer v. Vail Summit Resorts Inc. stems from an injury that occurred at the Breckenridge Ski Resort. According to the Sports Litigation Report, Litterer was snowboarding on Peak 8’s Wirepatch trail when he turned left onto the catwalk, Peak 8 Road, and was struck by a snowmobile driven by VSRI employee Dwight McClure. The incident summary notes McClure “saw movement above him in the trees,” and attempted to move the snowmobile to the edge of the road and stop to avoid collision. Despite McClure’s attempts, the two collided. At the time, McClure was driving 18 mph, seven miles per hour under the catwalk’s 25 mph speed limit.
As reported by Justia, Litterer, who had purchased the 2022-23 Epic Pass, had signed a “Release of Liability Waiver of Claims, Assumptions of Risk Warning and Indemnification Agreement” on November 20, 2022. The 2022 online waiver contained the specific language and scope in the following provisions:
The lower courts, Summit County District Court and the Colorado Court of Appeals, all ruled in VSRI’s favor. Now, the Colorado Supreme Court has agreed to hear the case to precisely define the extent to which liability waivers protect ski resorts from claims resulting in injury. The core argument the court must decide is whether these liability waivers that ski resorts have relied on are “overly broad.” With this decision, the court could reshape the litigation process for claims brought by injured parties.
This case could impact everyone, from first-timers to devoted lifers, potentially affecting on-mountain operations and the rising costs of snow sports. While the date for oral arguments is not yet set, this will undoubtedly be a landmark decision affecting both rider rights and resort finances.
