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Utah Supreme Court says waivers do not protect ski resorts from lawsuits
 Poster: A snowHead
Poster: A snowHead

The Utah Supreme Court today ruled that signed waivers can’t prevent injured skiers from suing them for negligence. In a 3-2 opinion, the court said the state Legislature prohibited pre-injury releases, when it passed the Utah Inherent Risks of Skiing Act. That act protected ski area operators from being sued over risks inherent in the sport - thus making insurance affordable - while still making them accountable for any of their negligent acts, according to the majority.
...The ruling stems from a lawsuit filed by William Rothstein, who challenged the validity of the waivers. Rothstein suffered severe internal injuries when he skied into a wall made of railroad ties that was obscured by a light covering of snow at Snowbird in February 2003. He sued and claimed the resort was negligent. The resort maintained Rothstein skied off a connecting trail to an area that was marked off by rope. However, the rope had a gap, which Rothstein mistook for an entrance to an open trail.

The resort's lawyers also pointed out that Rothstein could have skied on a day pass at Snowbird or purchased a season pass for Park City Mountain Resort without signing a release. Instead, he signed two releases when he bought two passes for the season, including one that entitled him to cut in front of other skiers for faster access to the slopes.

A lower court had said Snowbird Corp. was protected from a lawsuit because of two waivers signed by Rothstein, when he obtained a season pass at the popular resort near Salt Lake City. The high court overturned that ruling and said the releases go against a state law that is designed to keep insurance rates affordable for resorts but not shield them from all liability.

From: http://ap.google.com/article/ALeqM5hMw6dEVDjmN1FOIRa6YhUg3Zf8AQD8TK5JF01
http://www.sltrib.com/News/ci_7751838
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