Idaho Supreme Court Could Erase Decades of Ski Area Liability Precedent

Skiing is big in Idaho. Many citizens participate in the sport, and it also attracts scores of nonresidents, significantly contributing to the state’s economy.

Because skiing and snowboarding in Idaho is so important and since it is recognized that the sport has fundamental risks, the state’s Ski Area Liability Law, which has been in place for decades, defines the responsibilities and liabilities of skiers and ski area operators. This law is similar to what is in place at most other western states.

As written, the law recognizes skiing as an inherently risky activity and limits the liability of ski resorts for injuries caused by natural hazards, such as changing snow conditions, collisions with trees, or variations in terrain. Resorts are required to maintain signage, mark trails, and operate lifts safely, but skiers and snowboarders assume responsibility for their actions, including controlling their speed and avoiding obstacles. In general, unless negligence by the resort can be proven, such as failure to maintain equipment or improper signage, skiers cannot hold ski areas liable for injuries sustained from common skiing risks.

Now, a recent case has huge implications as it is threatening the viability of the ski industry across the state.

The case covers the incident of Stweart Milus, a Boise man, who in November 2019 was skiing with “poor control” and crashed head-first into a tall, yellow-padded snowmaking tower gun in the middle of a run at Sun Valley Resort. Tragically, he died from the accident. His widow sued the resort, and a lower court granted summary judgment in favor of the ski resort based on Idaho’s Ski Area Liability Act previously mentioned. This was in line with a long history of Idaho court cases regarding ski area liability.

Then in December 2023, the Idaho Supreme Court reversed the lower court’s decision and said a jury should weigh whether the ski resort was at least partially to blame, regardless of the skier’s actions. The court is set to hear arguments on February 14 on possibly reconsidering its unanimous ruling. If the precedent is overturned, it could have huge implications for skiing in Idaho by driving up ski areas’ liability insurance costs and potentially putting the state’s small, mom-and-pop ski hills out of business.

• Related: How Much Does it Cost to Operate a Ski Resort?

Vermont Case Study

In 1978, an infamous Vermont Supreme Court decision led to reshaping the state’s ski resort landscape. A skier named James Sunday was skiing along a beginner run at Stratton Mountain when his ski got tangled in some brush on the side of the trail. He lost control, fell, hit a boulder, and suffered injuries that left him a quadriplegic. The court found the ski resort 100% at fault and awarded him $1.5 million in damages, or approximately $7.2 million in 2025 dollars when adjusted for inflation.

The cost of liability insurance for ski areas in Vermont surged dramatically, leading to the closure of numerous small, local ski hills. Among them was Hogback Mountain, which, in 1986, announced it would shut down permanently after receiving a liability insurance bill of $100,000 for the upcoming season—far surpassing its annual revenue of less than $70,000.

In 1970, Vermont was home to 51 ski areas, many of which were small, according to the Vermont Ski Areas Association. Today, that number has dwindled to just 25. Many of the remaining resorts now include large-scale operations owned by major corporations such as Vail Resorts and Alterra Mountain Company, which offer the popular national multi-resort passes of Epic and Ikon.

On a national level, the number of ski areas has dropped from a peak of more than 1,000 in the 1960s to 486 in the 2023-24 season, according to NSAA statistics.

What Could Happen in Idaho?

As reported by the Idaho Capital Sun, many are surprised, frustrated, and confused this ruling came down as Idaho is traditionally a business-friendly state. If the current precedent is overturned, it is thought that many of the smaller ski areas in some of the communities will not be able to absorb the increased liability insurance costs. Either that, or the resorts will have to significantly increase the costs to the consumer.

This development has the 18 Idaho ski resort operators nervous and keeping a close watch on the outcome as the result could have serious implications for its operating costs and future viability. If the Idaho Supreme Court overturns the state’s ski area liability protections, the impact on small ski resorts could be devastating and limit access to affordable skiing and snowboarding for local communities. While safety on the slopes is always a priority, removing liability protections could shift the balance too far, putting the future of Idaho’s smaller ski areas at risk.