Skiing in Durango? 5 Things to Know Before You Sign That Liability Waiver
Colorado
A day on the slopes can be exciting, restorative, and memorable. It can also become a serious legal and financial concern when a skier suffers a broken bone, traumatic brain injury, spinal cord injury, or another life-changing injury. If you experience such an accident, consulting a Durango ski accident attorney may be an important step.
Before skiing at a Durango-area resort, you may be asked to sign a liability waiver, accept terms online, or agree to conditions printed on a lift ticket or season pass. These documents can be important. But signing a waiver does not necessarily mean that every possible claim disappears.
Colorado ski-waiver law has changed in important ways. The Colorado Supreme Court’s decision in Miller v. Crested Butte, LLC clarified that a private waiver generally cannot release a ski-area operator from duties imposed by Colorado statutes or safety regulations.
Here are five things you should understand before signing, or relying on, a ski-area liability waiver.
1. What Does the Waiver Actually Say?
A waiver is only as broad as its language.
Colorado courts generally examine whether an exculpatory agreement clearly and unambiguously releases the type of claim being asserted. A waiver may attempt to cover negligence, injuries caused by resort employees, lift operations, trail conditions, equipment, or other risks. However, the precise language and the way the agreement was presented can matter.
A court may consider questions such as:
- Did the document clearly mention negligence?
- Did it identify the ski area, employees, agents, or contractors?
- Did it address the specific activity involved?
- Was the waiver presented before you paid for or participated in the activity?
- Was the agreement difficult to find, confusing, or presented in a way that made meaningful review impossible?
- Did a parent sign on behalf of a minor?
- Does the waiver conflict with a statutory duty or regulation?
Colorado law often presumes that a person who signs a contract understands its contents, even if the person did not read it. That makes it important to preserve the exact document you signed, including online terms and electronic confirmations.
Do not assume that a waiver is automatically invalid. Do not assume that it automatically bars your claim, either.
2. Colorado Law Recognizes Inherent Risks of Skiing
Colorado’s Ski Safety Act recognizes that skiing includes certain inherent dangers and risks. These may include:
- Changing weather conditions
- Existing and changing snow conditions
- Ice, hard pack, powder, slush, and machine-made snow
- Rocks, stumps, trees, and other natural objects
- Variations in terrain and steepness
- Collisions with natural or certain man-made objects
- Collisions with other skiers
- Failing to ski within your abilities
Under the Act, a skier generally assumes the risks that are inherent in the sport. A ski-area operator may not be responsible for an injury caused solely by one of those inherent risks.
That does not mean every injury on a slope is legally unavoidable. The law distinguishes between risks that naturally accompany skiing and conduct that may violate a ski area’s legal responsibilities.
For example, a claim may involve more than an ordinary fall on ice or a collision with a natural object if the injury resulted from:
- A required warning sign that was missing or not maintained
- An improperly marked trail or boundary
- An unprotected man-made obstruction
- A violation involving grooming or maintenance equipment
- Unsafe lift operation
- A violation of passenger tramway regulations
The facts surrounding the injury matter. Photographs, trail maps, weather records, witness accounts, incident reports, and the exact location of the accident may help show what happened.
3. A Waiver Cannot Eliminate Every Statutory Safety Duty
This is one of the most important changes in Colorado ski law.
In Miller v. Crested Butte, LLC, the Colorado Supreme Court held that ski-area operators cannot use a private release to eliminate liability for violations of statutory or regulatory safety duties. The decision limited the effect of earlier cases that had allowed waivers to block some claims based on the Colorado Ski Safety Act and Passenger Tramway Safety Act.
The Court’s reasoning was straightforward: a private contract generally cannot erase a safety obligation created by law for public protection.
This may be especially important in cases involving:
- Chairlift or other passenger-tramway accidents
- Required signage
- Trail and boundary markings
- Safety rules governing lifts and tramways
- Statutory duties imposed on ski-area operators
The Colorado Supreme Court’s decision in Miller does not mean that every injured skier automatically has a viable claim. You may still need to establish that a legal duty applied, that the operator violated the duty, and that the violation caused your injury.
But a signed waiver should not end the analysis when a statutory or regulatory violation may be involved.
4. Ordinary Negligence and Reckless Conduct Are Treated Differently
Colorado law may still enforce a properly written waiver against some common-law negligence claims involving recreational activities. In practical terms, a waiver may provide significant protection to a ski-area operator when a claim concerns ordinary negligence and does not depend on a specific statutory or regulatory duty.
That is why a ski-area operator or its insurance company may argue that a waiver bars your case.
The analysis can change when the conduct is more serious. Colorado courts generally do not allow exculpatory agreements to protect a party from gross negligence, reckless conduct, or willful and wanton behavior.
The difference between ordinary negligence and more serious misconduct is fact-specific. It may depend on what the operator knew, what it failed to do, how long a hazard existed, whether warnings were ignored, and whether safety procedures were followed.
A skier-to-skier collision may also require separate analysis. Under the Colorado Ski Safety Act, a skier is not automatically barred from pursuing another skier for injuries caused by that skier’s acts or omissions.
You should avoid describing the incident only as “a skiing accident.” A careful evaluation should examine:
- Who controlled the area where the accident occurred?
- What caused the fall or collision?
- Was a lift, sign, barrier, trail, or piece of equipment involved?
- Did another skier or snowboarder contribute to the accident?
- Did the operator follow applicable safety rules?
- What evidence remains available?
5. Preserve Evidence and Understand Your Time Limit
After a serious ski injury, your health should come first. Seek appropriate medical care and follow medical recommendations. At the same time, important evidence can disappear quickly.
When possible, you or someone assisting you should preserve:
- A copy or photograph of the liability waiver
- Your lift ticket, season pass, or digital purchase confirmation
- Photographs and videos of the accident location
- Trail maps, signs, barriers, and visible hazards
- Names and contact information for witnesses
- Ski patrol or resort incident reports
- Medical records and bills
- Information about missed work and reduced income
- Communications with the resort or insurance company
- Clothing, equipment, or protective gear involved in the accident
Do not post detailed descriptions or photographs of the accident on social media. Avoid giving a recorded statement to an insurance company before you understand your rights. An adjuster may ask questions that appear routine but could later be used to minimize the claim.
Colorado’s Ski Safety Act generally requires an action against a ski-area operator or its employees to be filed within two years after the claim arises. Other deadlines may apply depending on the parties and legal theories involved. Waiting can make it harder to locate witnesses, obtain records, and preserve evidence.
When Should You Speak With a Durango Ski Accident Attorney?
If you or a family member suffered a serious injury at a Durango-area ski resort, a signed waiver does not tell you everything about your legal options.
A Durango ski accident attorney can help evaluate:
- The exact language of the waiver
- Whether the claim involves the Ski Safety Act or tramway regulations
- Whether the injury involved a lift, trail, sign, barrier, or equipment
- Whether another skier or third party may be responsible
- The medical and financial consequences of the injury
- Applicable filing deadlines
- Communications with the resort and insurance companies
Brasure Law Firm represents injured individuals and families in Durango and throughout Southwest Colorado. Founder Chris R. Brasure is licensed in both Colorado and Texas and brings extensive litigation experience to serious personal injury cases.
Our philosophy is simple:
Less Clients.
More Attention.
Better Results.
We intentionally limit the number of cases we accept so that each client receives personal attention, clear communication, and careful preparation. If you need a Colorado personal injury attorney after a skiing accident, contact Brasure Law Firm for a free, no-obligation case evaluation.
This article provides general legal information and is not legal advice for a specific situation. Colorado ski law is fact-specific and may change. A lawyer can review the details of your accident and explain the options that may be available under applicable law.
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