Boilerplate Waivers No Longer Enough to Keep Ski Resorts Safe From Injury Claims?

January 30, 2011

Like others around the country, some Colorado ski resorts are on the defensive before this year's winter sports season gets underway. There have been a spate of lawsuits against ski resorts in recent years by patrons who were injured on the slopes while skiing, snowboarding or snowmobiling in spite of the fact that boilerplate waivers appear on the back of nearly every single ski lift pass printed in the country.

The resorts argue that these fine-print waivers protect them from liability, but some courts have seen things differently. Several noteworthy personal injury cases against ski areas and winter sports lodges have been decided recently, and they show a common theme: a "one-size-fits-all" waiver is not sufficient to protect a ski resort from liability caused by when there is a lack of ordinary care. In short, a simple waiver is not a get out of jail free card - ski resort owners, like owners of all businesses, must still exercise care to keep their land safe and passable for customers.

Ski Safety Is Nothing New

Issues about the safety of guests at ski resorts and snow lodges have been on the legislative radar for years. In fact, 27 states have laws specifically addressing ski safety. These laws are aimed at protecting skiers, snowboarders, snowmobilers, arctic walkers and snowshoers enjoying nature in the brisk winter air, making sure that resort owners maintain their property in a responsible manner. Even so, snowboarders typically have to sign waivers before they are allowed to hit the slopes, and those aforementioned ski lift pass liability disclaimers are used at nearly every resort or ski slope in the country.

Some things that ski resort owners and lodges should do to keep visitors safe:
- Clearly mark boundaries, especially on snowboarding areas -- failing to do so can result in a skier or boarder heading right off the edge of a cliff, a tragic scenario seen in several cases in the past few years
- Erect and maintain barriers to keep patrons separated from roadways, culverts, chasms and cliffs
- Make reasonable efforts to keep the slopes free from obstructions -- this rule arises from what most legal experts consider to be the precedent-setting ski safety case of James Sunday; Mr. Sunday was seriously injured when the tip of his ski got caught on a bush buried under the snow on a so-called "bunny hill" at a Vermont resort
- Post warning signs of natural dangers like falling ice, sliding snow or the possibility of avalanches
- Keep slopes, jumps, moguls and landing areas well-groomed and maintained to minimize the chance of catastrophic falls

In spite of your own best efforts to stay safe, it is still possible that you will be injured while enjoying a day on the slopes. If you or a loved one has been hurt because of the negligence of a ski resort or lodge owner, contact an experienced personal injury attorney in your area today to learn more about your legal rights.

Article provided by Gerash Steiner & Toray, P.C.
Visit us at www.gerashtoray.com