Recent court ruling increases risks for skiers in Colorado, attorneys say
Attorneys calling on the state Supreme Court to step in
By 77 Shares
A late 2020 ruling from Colorado Court of Appeals on the powers of lift-ticket and season-pass waivers has some Colorado attorneys raising an alarm to skiers.
The court decision in the Charlotte Redden v. Clear Creek Skiing Corporation case, by a 2-1 vote in favor of Clear Creek Skiing, provides ski resorts with near-blanket immunity when skiers and snowboarders sign waivers on annual pass or day tickets, according to some local attorneys.
The attorneys said they now must prove gross negligence to win lawsuits against resorts.
Colorado appeals court upholds waivers, protecting ski areas
Durango, Colorado Currently Sat 4% chance of precipitation
Language on back of passes release resorts from ‘any and all liability’
Saturday, Jan. 16, 2021 4:32 PM Updated: Saturday, Jan. 16, 2021 6:51 PM The waiver on the back of a Vail Resorts Epic Pass informs skiers that using the pass means they agree to assume the risk for “misloading, entanglements, or falls from ski lifts, and the negligence of ski area employees.” Those dangers are not listed in the Colorado Ski Safety Act’s collection of more than two dozen “inherent risks” associated with skiing. Jason Blevins/The Colorado Sun
A Colorado Court of Appeals panel last week delivered the first state appellate decision affirming the use of waivers to protect ski resorts from lawsuits filed by injured skiers.