The Colorado Supreme Court recently heard arguments concerning and their validity when it comes to ski resorts and possible other recreation companies. It stems from an incident involving an Oklahoma teenager who fell 30 feet off a lift and became paralyzed in March 2022.
Crested Butte Mountain Resort and Broomfield-based owner , accusing them of gross . Team Editor David Krause with The Colorado Sun joined us for the latest on that story.
Krause said liability waivers are extremely common in the resort industry.
鈥淵ou rent ski gear, you get a lift ticket, you go rafting 鈥� you're going to sign a liability waiver,鈥� Krause told KUNC.
The 16-year-old and her family are arguing that these waivers should not give a resort total protection if it doesn't follow safe environment guidelines laid out by the and the .
Krause said Miller fell because she was unable to load the lift properly. The Colorado Sun reported Miller鈥檚 father and people waiting in line screamed for an attendant to stop the lift, but to no avail.
鈥淭he family, in their lawsuit - which they filed in Broomfield County - argued the lift attendants were negligent,鈥� he said. 鈥淭hey say they didn't stop the lift in time and they weren't paying attention.鈥�
The Broomfield court dismissed the suit, saying the liability waiver Miller鈥檚 father signed for her waived their ability to sue.
鈥淭he family has appealed the decision to the Colorado Supreme Court saying, 鈥楬ey, let's revisit this liability waiver issue that was dismissed at the lower court,鈥� arguing that, again, the liability waiver shouldn't cover the resort if they don't make it a safe place,鈥� Krause told KUNC.
In addition to concerns about how much protection resorts get from waivers, the case also raises questions about parents鈥� legal authority to sign waivers on their minor children鈥檚 behalf.
In 2002, the state Supreme Court decided the family of an Aspen Ski And Snowboard Club. The opinion also said parents could not sign away a minor's ability to sue.
In 2003, state lawmakers took up the liability waiver issue. permits parents to sign liability waivers for their kids participating in recreational activities.
鈥淟awmakers crafted this legislation really because they wanted to try to keep things affordable (for resorts),鈥� Krause told KUNC.鈥漈he implications here could be kind of big, because it could hit in not just skiing, but in different areas.鈥�
Ski patrol groups have filed amicus and friend-of-the-court briefs suggesting that weakening liability waivers could reduce or eliminate available recreational options for children because of increased insurance costs.
The Colorado Supreme Court should reach a decision within the next few months.
