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Lift tickets are not contracts and rarely work as a release in most states

Nor can they be used to prove assumption of the risk. At best, a lift ticket is another sign informing someone of the risk. If you are relying upon a lift ticket to stop lawsuits, get a release.

In most states where a statute requires language on the back of a lift ticket that warns of the risk, the language is simply that, warning language.

Two decisions have held that a lift ticket is valid to stop a claim at a ski area: Oregon and North Carolina.

These decisions have upheld the use of a lift ticket to bar a claim.

Oregon: Silva v. Mt. Bachelor, Inc., 2008 U.S. Dist. LEXIS 55942

North Carolina: Strawbridge v. Sugar Mountain Resort, 320 F. Supp. 2d 425; 2004 U.S. Dist. LEXIS 14, Strawbridge, v. Sugar Mountain Resort, Incorporated, 152 Fed. Appx. 286; 2005 U.S. App. LEXIS 23459

In most states, the lift ticket is just a warning. To create a contract, a release, the lift ticket would have been a meeting of the minds. The purchaser of the lift ticket would have to understand they are entering a contract and agree to the terms of the contract.

That means the skier or boarder would have to read the back of the lift ticket and say, yes, I agree to the terms of the contract (or “sure.”).

You can’t rely on a lift ticket or any ticket to stop a lawsuit in most states and even in those four states that have held that in these cases, I would not rely on them until additional decisions support the claims.

What do you think? Leave a comment.

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2 Comments on “Lift tickets are not contracts and rarely work as a release in most states”

  1. Sorry, but I have no clue on Canada. I’ll check with a few of my Canadian contacts to see if they know of anything.

    Like

  2. Rob Lemmon says:

    Any precedence in Canada?

    Like


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