The Crested Butte News Serving the Gunnison Valley since 1999
Case originates from Paradise Lift accident
By Kendra Walker
A recent majority ruling by the Colorado Supreme Court determined that liability waivers cannot be used to protect ski areas from certain negligence claims related to chairlift accidents and specific provisions of the the Colorado Ski Safety Act and the Passenger Tramway Safety Act.
The ruling stems from an accident that occurred at Crested Butte Mountain Resort in March 2022, when then 16-year-old Annalea (Annie) Miller allegedly struggled to get seated on the Paradise Lift and was left hanging 30 feet above the ground. Lift operators failed to stop the lift and she fell, suffering injuries that left her paralyzed.
According to the Miller family’s legal team, Crested Butte employees did not stop the lift or initiate any emergency evacuation procedure. Annie shattered her C7 vertebrae, bruised her heart, lacerated her liver, injured her lungs and is paralyzed today because of her injuries.
The Miller family filed a lawsuit in December 2022 in Broomfield County District Court accusing CBMR and owner Vail Resorts of violations of duty of care, negligence and gross negligence. In April 2023, the district court judge dismissed two of the claims, those for violations of duty of care and negligence, based on the liability waiver Annie’s father, Michael, signed on her behalf acknowledging the risks that come with skiing and releases CBMR from liability if his daughter were in an accident.
The Miller family appealed the district court decision to the Colorado Supreme Court, asking them to consider whether Vail Resorts can be held liable for negligence for the lift accident. The Millers argued that the waiver should not cancel the ski area’s duty under the Ski Safety Act and the Passenger Safety Tramway Act to protect skiers riding chairlifts. The Colorado Ski Safety Act and the Passenger Tramway Safety Act govern the operation of ski resorts and chairlifts, and the Ski Safety Act protects ski areas from liability claims surrounding the inherent dangers and risks of skiing.
On May 20 in a 5-2 decision, the Colorado Supreme Court ruled that liability waivers cannot be used to protect ski resorts from all negligence claims. Two justices on the seven-member court dissented and said they believe the liability waivers block the negligence claims.
“We conclude that Crested Butte may not absolve itself, by way of private release agreements, of liability for violations of the statutory and regulatory duties on which Miller’s negligence per se claim is based,” the ruling states. “Accordingly, the district court erred in dismissing that claim. In so ruling, we express no opinion on the merits of Miller’s negligence per se claim.”
However, the court did determine that the liability waiver shields the resort from negligence of the highest duty since the Epic Pass specifically disclosed the risk of ski lift injury.
According to the Colorado Sun, this is the first time the court has ruled against liability waivers in a skiing case, and is a rare occurrence of a Colorado court allowing a liability lawsuit against a ski area to move forward.
The ruling could possibly impact other companies in the outdoor industry. Organized recreation providers, such as other ski resorts, camps and rafting companies, argue that liability releases are essential to providing children with the ability to participate and without releases, they will be unable to provide opportunities for children. They have also argued that a decision against waivers could result in unaffordable or unavailable insurance, resulting in rising costs.
While the ruling does not decide whether CBMR is liable for Annie’s injuries, it revives the Miller’s negligence claim which will now go back to the Broomfield District Court.
The Crested Butte News reached out to Vail Resorts and CBMR representatives regarding the ruling, who replied that they do not comment on ongoing litigation.
