ski resorts to lean on waivers in the face of lawsuits. Skiers and snowboarders sign these waivers that claim resorts are not liable for possible injuries, even when resorts violate state laws. The court reexamined a lawsuit brought forth by Annie Miller and her father, Michael Miller, over Annie Miller’s 30-foot fall from a ski lift that left her paralyzed in 2022.Bruce Braley, an attorney and former U.S. representative who represented the Millers.
In the Colorado Supreme Court’s 5-2 decision, the high court reversed a lower court’s ruling that waivers protected ski resorts that violate state law and that much of Michael Miller’s claim was invalid. The new ruling allows Miller to continue with his lawsuit against Vail Resorts. Since 2017, ski resorts have successfully strengthened protection in the face of lawsuits through a series of targeted litigation and winning key court cases. Banker and Braley argued that some of the wins for the ski resorts gave them full immunity from liability claims unless there was gross negligence involved in the accident.
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