Summary
The Colorado Supreme Court held that an in-bounds avalanche qualifies as an inherent danger and risk of skiing under Colorado's Ski Safety Act. The court concluded that the statutory phrase "snow conditions as they exist or may change" encompasses avalanches and therefore bars claims against ski area operators for injuries resulting from such avalanches. The court affirmed dismissal of the plaintiff's negligence and wrongful death action.
Holdings
- An in-bounds avalanche qualifies as an inherent danger and risk of skiing because it is encompassed by the statutory phrase "snow conditions as they exist or may change." The Ski Safety Act therefore precludes a skier's claim against a ski-area operator for injuries resulting from an in-bounds avalanche.
Questions Presented
- Whether an avalanche occurring within the bounds of a ski resort qualifies as an "inherent danger[ ] and risk[ ] of skiing" under the Colorado Ski Safety Act and therefore falls within the Act's immunity provision.
Disposition
affirmed
Cases Cited (6)
- Melat, Pressman & Higbie, L.L.P. v. Hannon Law Firm, L.L.C., 2012 CO 61, 287 P.3d 842(followed)
- Abts v. Board of Education, 622 P.2d 518 (Colo. 1980)(followed)
- Fleury v. Intrawest Winter Park Operations Corp., 2014 COA 13(affirmed)
- Hunsaker v. People, 2015 CO 46, 351 P.3d 388(followed)
- Stamp v. Vail Corp., 172 P.3d 437 (Colo. 2007)(followed)
- Ryals v. St. Mary-Corwin Regional Medical Center, 10 P.3d 654 (Colo. 2000)(not reached)
Cited In (0)
No citing cases on record yet.
Court Document
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