TL;DR
A Colorado jury's $12.4 million award to a paralysed skier challenges longstanding liability protections for ski resorts, potentially reshaping risk management across the industry.
Vail Resorts Loses $12.4M Lawsuit Over Chairlift Injury
Vail Resorts has been ordered to pay $12.4 million to Annie Miller, a skier paralysed after falling from a chairlift at Crested Butte in 2022. The verdict, delivered by a Colorado jury, marks a significant shift in ski resort liability and could have far-reaching consequences for the industry. This case has pierced the typically robust legal protections enjoyed by ski areas, challenging the effectiveness of liability waivers that have long shielded resorts from substantial payouts.
The lawsuit stemmed from a March 2022 incident where Miller, then 16, fell 30 feet from the Paradise Express lift, sustaining severe injuries including spinal damage that left her paralysed. Initially dismissed due to liability waivers, the case was reinstated following a Colorado Supreme Court ruling that private agreements cannot exempt resorts from statutory safety obligations.
Crucially, the court allowed a negligence per se claim to proceed, lowering the burden of proof from gross negligence. The jury found in breach of state regulations, assigning 75% fault to the resort and 25% to Miller for assumed risks. This verdict challenges the Colorado Ski Safety Act's typical $250,000 cap on damages.Vail Resorts, unsurprisingly, disagrees with the decision, stating it's 'inconsistent with Colorado law'. However, their carefully worded response acknowledging Miller's suffering suggests an awareness of the public relations implications.
