A case before the Colorado Supreme Court could set new limits on the liability waivers ski resorts require customers sign when purchasing passes.
The Summit Daily News reports the issue stems from a 2020 accident involving an Epic pass holder who was struck by an employee on a snowmobile at the Vail Resorts-owned Breckenridge Ski Resort.
A key case issue is whether Vail can be held liable when skier John Litterer agreed to waiver conditions when buying an Epic Pass for the 2020-21 season, and again in 2022-23, after filing a lawsuit.
Attorneys for Vail claim he waived his right to sue by signing the waivers.
Litterer’s attorneys say the waivers are too broad to be enforced.
The case comes two years after the state’s high court found Crested Butte Resort liable in a case involving a teen who was paralyzed in a fall from a chair lift. Justices said blanket waivers don’t protect resorts if laws are violated.
During April 16 arguments Litterer’s attorneys said the same reasoning could be applied in his case.
Justices typically issue rulings within nine months of hearing a case.