Issue of whether avalanches are an inherent risk of skiing in Colorado headed for appeal.

Court in Vail case holds they are not, and court in Winter Park case holds they are an inherent risk.

A classic issue is going to be working itself up the appeal ladder in Colorado. In the two lawsuits over deaths in

English: A person cutting a sample from a snow...

English: A person cutting a sample from a snow pit in order to evaluate the risk of avalanches (Photo credit: Wikipedia)

avalanches, one court has ruled that avalanches are an inherent risk of skiing and therefore under the Co Skier Safety Act you cannot sue. The other court has ruled that avalanches are not covered under the act, and the lawsuit can continue.

The court in Winter Park held that avalanches are an inherent risk. The case against Vail ruled that avalanches are not an inherent risk.

The Vail case is about a 13-year-old  boy who was killed in an Avalanche in January of 2012. See Judge: Vail Resorts can be sued for avalanche death. The Intrawest/Winter Park lawsuit is over a death of a man last year also.  See Family of avalanche victim sues Winter Park

Probably, because of the different ruling, if the parties do not settle the suit, the Winter Park lawsuit will appeal the case which will affect the Vail litigation eventually.

One effect of the suit is Winter Park changed its release for season passes this year to include a risk that the release covers, and the signor assumes.

Attached is the order in the Winter Park case from the trial court.

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