Ski Area Negligence Cases
Prior to July 1, 1990, Colorado ski area operators were obliged not only to operate their ski areas in compliance with the specific requirements of the Ski Safety Statute (regarding the marking of slopes, the padding and marking of man made objects, and posting of specific warnings) but also to exercise a reasonable duty of care in the design, maintenance and operation of their slopes.
The 1989-90 General Assembly passed amendments to the Ski Safety Act which provided that no skier could recover for injuries resulting from the inherent dangers of skiing; and, limiting damages recoverable from a ski area operator for cases except for lift accidents. In 1995, the Colorado Supreme Court interpreted these amendments in Graven v. Vail Associates, Inc. 909 P. 2d 514 (Colo. 1995) the Colorado Supreme Court adopted a narrow construction of the inherent danger provisions of the Colorado Ski Act. C.R.S. §33-44-101 et seq.
This precedent will allow some skiers, who are injured while skiing, to advance a claim for injuries against a ski area operator if the injury results not from a ski area operator's breach of a specific duty set out in the Ski Act, but, rather from a danger or risk which is found to be not "integral" to the sport. Followed: Dovey et al v. Victoria Breckenridge et al., 95 CV 1153, District Court, City and County of Denver, State of Colorado (Order denying Motion to Dismiss, 1/3/96).
Case reports for recent ski area negligence cases:
- Salvini v. Ski Lifts Appeal - Washington court of appeal affirms trial court rulings, record verdict stands
- Salvini v. Ski Lifts Inc. d/b/a The Summit at Snoqualmie - 23 year-old rendered quadraplegic from negligently designed jump, record verdict against ski resort
- Rothstein v. Snowbird - Pre-injury releases as applied to recreational skiers are contrary to the public policy of the Utah Inherent Risks of Skiing Act, Utah Code Ann. §78-27-51
- Angermann v. Steamboat Ski & Resort Corporation - Lauren Angermann was skiing on the Moonlight ski run at Steamboat Ski Resort when her skis slid underneath a partially-buried hose or pipe, causing her to double eject from her bindings.
- Grigg v. Wintergreen Partners, Inc. - Jessica Grigg, age 17, was skiing down Eagle's Swoop, an open intermediate slope at Wintergreen ski resort in Nelson County, Virginia when she collided with a a large diesel powered track snow groomer
- Hoar Case Report - $6.2 million verdict awarded critically injured fireman
- Hoar v. Great Eastern Resort Management, Inc. Supreme Court Ruling - Record verdict reinstated, expert testimony not necessary in common sense case
- Lee v. Aspen - Jury awards snowboarder $100,000.00 for injuries she sustained when hit by Aspen Ski Company snowmobile
- Graven v. Vail - Colo. Supreme Court ruling reopens question of ski area liability, narrows construction of the inherent danger rule
- Dovey v. Victoria Breckenridge - Order DENYING Defendant's Motion to Dismiss Wrongful Death Claim Arising from Collision With Man Made Object
