Vail Resorts Ordered to Pay $12.4 Million to Woman Paralyzed Following Chairlift Fall at Crested Butte, CO

This piece was updated on September 2 at 10:20 a.m. CET to incorporate new information.

A Colorado jury has awarded $12.4 million to Annie Miller, a woman left paralyzed after falling from a ski lift at Crested Butte Mountain Resort. This ruling could have far-reaching implications for the millions of people who visit Colorado ski areas annually.

“It’s a good day. I’m beyond grateful to the jury for holding Crested Butte responsible, and I hope something good comes out of it,” Annie Miller said.

In March of 2022, near the end of the day, 16-year-old Annie Miller skied up to the Paradise Express lift at Crested Butte expecting a routine chairlift ride. Unfortunately, she could not settle into the seat and slipped off. She tried to hold on, but eventually fell 30 feet to the hardpack snow, shattering her vertebrae, bruising her heart, lacerating her liver, and injuring her lungs. The accident left her paralyzed, and she will never walk again.

• Related: Ever Read The Fine Print On A Ski Area Waiver? Here’s What You Sign Away…

The incident prompted the family to sue Crested Butte and its owner, Vail Resorts, claiming it “consciously and recklessly disregarded the safety of Annie” when they failed to stop the chairlift. The suit, filed in December 2022, was dismissed by the Broomfield County District Court in April 2023 because the family had signed the liability waivers. However, upon appeal, the Colorado Supreme Court ruled otherwise, determining that private agreements cannot exempt resorts from statutory duties outlined in the Ski Safety Act and related tramway safety regulations. The court reinstated the negligence per se claim, rejecting the broad shield that liability waivers have historically provided ski resorts.

• Related: Family Contests Liability Waivers and Colorado Ski Safety Act in Lawsuit Against Vail Resorts

The Colorado Supreme Court ruled that Vail’s liability waiver could not shield the resort from statutory violations, allowing a negligence per se claim with a lower threshold than gross negligence to proceed against the company. The six-member jury concluded that Crested Butte breached state regulations but did not find the resort’s conduct rose to the level of gross negligence. It further determined that Miller assumed certain risks by signing the liability waiver, assigning her 25% of the fault and Crested Butte 75%.

Vail Resorts responded to the lawsuit in an email correspondence with SnowBrains:

“We disagree with the decision and believe that it was inconsistent with Colorado law. Still, we recognize the personal toll this accident has taken on Ms. Miller and her family, and we wish her continued strength in her recovery. We remain committed to the highest safety standards in our operations.”

-Katie Lyons, Communications Manager Crested Butte Mountain Resort 

In general, the Colorado Ski Safety Act gives ski areas a broad range of protection from lawsuits filed by injured skiers. Skiers and snowboarders assume responsibility for the wide-ranging “inherent dangers and risks of skiing,” and the most a suing rider can win from a ski area is limited to $250,000. However, the distinguished legislation limits protections for resorts if a skier can prove gross negligence or reckless, willful misbehavior. 

• Related: Do Waivers Grant Ski Areas Complete Immunity From All Lawsuits? It May Appear That Way in Colorado

The Supreme Court emphasized that resorts remain subject to statutory and regulatory requirements protecting skier safety, regardless of contracts signed at the time of ticket purchase. Advocacy groups defending Vail Resorts, including Colorado Ski Country USA and the National Ski Areas Association, have warned that the decision could impact the accessibility and affordability of recreational activities. Conversely, plaintiff supporters, such as the Colorado Trial Lawyers Association, argued it was a necessary step to ensure consumer protection and accountability in the ski industry.

Chairlift rides have proven about ten times safer than car travel, with just 35 fatalities recorded across more than 18 billion rides since 1973, according to the National Ski Areas Association. Of these, 16 deaths stemmed from mechanical failures, 14 resulted from falls unrelated to equipment error, and six involved circumstances unique to employees or medical incidents.

• Related: Mt. Bachelor, OR, to Offer Cheaper Lift Tickets For Signing Liability Waiver

The verdict and court rulings in Miller v. Crested Butte could set a precedent in ski area liability with far-reaching consequences for ski resorts across Colorado and beyond.