Waivers/Releases work in Colorado: Skier collision with snowmobile dismissed

Aspen Skiing Co. was sued in Federal District Court by a guest who collided with a snowmobile in 2006. The guest had signed a release when he purchased a season pass for Aspen Skiing Co. The Denver Federal District Court dismissed the suit, (probably on a motion for summary judgment.)

The plaintiff’s attorney has stated he intends to appeal the decision.

The issues were, according to the plaintiff whether the snowmobile was traveling in a proper way and equipped and operated as required by the Colorado Skier Safety Act (CSSA). A witness reported that the “snowmobile did not have a flashing, siren-like light to warn skiers of its approach.” However the CSSA does not require a flashing light. The act only requires a lighted headlight, a red tail lamp, a brake system and a fluorescent flag.

Nor is there anything in the statute about how a snowmobile will be operated.

However many ski areas, to make their snowmobiles more visible, have mounted flashing lights all over the snowmobiles. Many are also equipped with sirens that are used to notify skiers of their location. Does this change the standard of care? Maybe, but it does not change the statute. Unless and until the statute is changed, the standard of care is probably, hopefully the statute.

For other blogs about the CSSA see Another Ski Area lawsuit and 8 Year old boy sued in Colorado for ski collision

For more information about the Colorado Skier Safety Act at the Outdoor Recreation Law Review see:

Case Brief: 1986 lawsuit against Winter Park raised question – where does the ski area officially begin and end?

Colorado Skier Safety Act

For the original article see: Signed waiver protects SkiCo from collision suit