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Ski-Area Lawsuits Upheld


By Howard Pankratz
Denver Post
December 19, 1995

The Colorado Supreme Court yesterday refused to give Colorado ski-area operators blanket immunity from lawsuits by skiers injured on their slopes.

At issue was a controversial 1990 law that prevented skiers from suing ski areas for injuries resulting from the "inherent dangers and risks of skiing," including variations in steepness or terrain.

Until yesterday's 4-3 decision, Colorado ski areas had taken the position that the law barred skiers from suing the areas for almost anything that happened on the slopes...

Jim Chalat, a Colorado lawyer who is considered the state's leading expert in such litigation, said he believes the decision "will improve ski safety all over the nation" because many states look to Colorado for guidance in ski matters.

"The court said (to the ski industry) that you don't have the run of the house; you have to exercise reasonable care -- that if this were a highway there should have been a guard rail," said Chalat. "I think ski areas will be more careful..."

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