In the past several years, case decisions in Colorado, Oregon, New York and California continued to develop the law under either the relevant ski statutes or the legal precedent. These cases provide some guidance in cases involving questions of duties of care of skiers, snowboarders, and ski area operators. The issues before courts now involve:

  • Waivers and Releases - The extent to which blanket waivers in favor of ski area operators, particularly which appear in season passes or ski school enrollment forms, will provide blanket immunity from liability even from ski area duties set out in statutes;
  • In-Area Avalanches - Duties of care in case of an in-area avalanche on open skiing terrain;
  • State or Municipal Ski Areas - The liability of publicly owned ski areas;
  • Resort Employees Negligence - The liability of ski area operators for collisions caused by its own employees while they are skiing in the course and scope of their employment;
  • Resort Snowmobile Operators - The liability of ski area operators for injuries caused by its employees to ski area guests by the careless or reckless operation of ski area snow mobiles on open ski trails.

Recent Ski Law blog posts:

What Are Skiers Liable For?

As ski season approaches, firm partner Russell Hatten is interviewed by 9News regarding the rights and responsibilities of skiers on Colorado trails.  Advice as to... Read more →