Today the Colorado Supreme Court issued the ruling in 2016 CO 41, 14SC224 – Fleury v. IntraWest, affirmed the decision of the lower courts and holding that in-bound avalanches are an inherent risk as defined by the Colorado Ski Safety Act. The headnote states:
The Colorado Supreme Court holds that an avalanche that occurs within the bounds of a ski resort qualifies as an “inherent danger and risk of skiing” under the Ski Safety Act of 1979, §§ 33-44-101 to -114, C.R.S. (2015). The definition of “inherent dangers and risks of skiing” in section 33-44-103(3.5), C.R.S. (2015), specifically includes “snow conditions as they exist or may change.” By its plain meaning, this phrase encompasses an in-bounds avalanche, which is, at its core, the movement, or changing condition, of snow. As such, section 33-44-112, C.R.S. (2015), precludes skiers from recovering for injuries resulting from in-bounds avalanches.