Colorado’s mountains attract millions of skiers and snowboarders, and injuries are an unavoidable part of the sport. State law recognizes that certain dangers simply can’t be eliminated from skiing. As a result, the Colorado Ski Safety Act limits when an injured skier can hold a ski resort legally responsible.
Those protections, however, are not absolute. Colorado law does differentiate between the inherent dangers of skiing and injuries resulting from certain violations or conduct by ski area operators. The Colorado Supreme Court has also confirmed that resorts can’t use private liability waivers to eliminate liability for violations of statutory and regulatory duties supporting a negligence per se claim.
Understanding where that line falls can be crucial after a serious ski or snowboard accident.
What Is the Colorado Ski Act?
The Colorado Ski Safety Act establishes responsibilities for both skiers and ski area operators. One of its most important features is its treatment of the “inherent dangers and risks of skiing.”
Generally, skiers assume responsibility for injuries resulting from dangers that are considered inherent in the sport. The law has historically included risks associated with changing weather, snow conditions, variations in terrain, collisions with other skiers, and certain natural and man-made conditions.
If an injury results solely from a legally recognized inherent risk, the Ski Safety Act may prevent the skier from recovering damages from the resort.
What Types of Claims May the Ski Safety Act Bar?
The precise result depends on the circumstances, but examples of risks that may fall within the Act’s protections include:
- Changing snow, weather, or surface conditions
- Variations in terrain and steepness
- Certain trees, rocks, and natural obstacles
- Collisions with other skiers
- Certain terrain modifications and man-made features
- A skier losing control or skiing beyond their ability
Calling something an “inherent risk,” however, doesn’t automatically make it one. The circumstances surrounding the accident must be evaluated under the statute and applicable Colorado case law.
When Can a Ski Resort Still Be Liable?
A ski resort’s responsibilities don’t disappear simply because skiing is dangerous.
Colorado’s statutory framework imposes duties on ski area operators, including requirements involving signage, marking certain hazards, trail operations, and passenger tramways. A violation of requirements imposed by the Ski Safety Act or applicable Passenger Tramway Board rules that causes an injury can constitute negligence under Colorado law.
That means a case may look very different when an injury allegedly results from the resort’s failure to satisfy a specific statutory or regulatory obligation rather than from an unavoidable risk of skiing.
Ski Lift Accidents Receive Special Treatment
Chairlifts and other passenger tramways present particularly important issues under Colorado law. The Ski Safety Act expressly distinguishes injuries caused by the use or operation of ski lifts from the inherent dangers and risks of skiing.
A 2024 Colorado Supreme Court case illustrates why this distinction matters. In Miller v. Crested Butte, LLC, a young skier suffered catastrophic injuries after being unable to properly load a chairlift and falling approximately 30 feet. The lawsuit alleged, among other things, violations of statutory and regulatory duties governing lift operations.
The Colorado Supreme Court held that the resort couldn’t use a private release agreement to absolve itself from liability for violations of the statutory and regulatory duties underlying the plaintiff’s negligence per se claim.
The Cause of the Accident Is Critical
In a ski injury case, determining precisely why the accident occurred is often more important than simply establishing where it happened.
For example, falling because of an ordinary change in snow conditions may present a very different legal question from suffering an injury because of an alleged violation of a lift-operation regulation. Similarly, colliding with another skier is different from an accident allegedly caused by a resort’s failure to perform a specific statutory duty.
Why Legal Representation Matters
Colorado ski accident cases can involve an unusual combination of statutory immunity and negligence law.
Working with Arckey & Steele can help injured skiers and their families determine whether the Ski Safety Act bars a claim or whether the circumstances support legal action against a resort or another responsible party.
