From Deseret News archives:
Liability waivers at winter resorts have legal teeth
From ski competitions to a run down the Utah Olympic Park's bobsled track, liability release forms are commonplace in this winter sports utopia.
Legal experts say the biggest mistake people can make is simply scribbling their John Hancock on a release before actually reading it and understanding the risks. Under Utah law, that form really means something.
Take the case of James Gordon Berry. In February 2001, Berry, a 26-year-old expert skier, entered the "King of the Wasatch" skiercross race at the Park City Mountain Resort.
The race involves four skiers who simultaneously descend down a course that features difficult turns and tabletop jumps. On Berry's fourth trip over the course, as he attempted to negotiate the course's first tabletop jump, he fell and fractured his neck while landing. Berry suffered permanent paralysis.
Twelve days before the race, Berry signed a release of liability and indemnity agreement, but later admitted that he did not read it. The agreement stated that Berry released Park City Mountain Resort from any claims of negligence.
A state court judge dismissed Berry's suit because he was bound by the "clear and unequivocal" language of the agreement he signed and could therefore not sue the resort.
"You should be aware that if you sign a release of liability on a recreation or entertainment activity, then you are indeed expressly consenting to foregoing liability for your negligence," University of Utah law professor Wayne McCormack said.
But the resorts are not completely off the liability hook. "We don't know if it's possible whether they can waive gross negligence," McCormack said.
The Utah Supreme Court said essentially that when it ruled last October that Berry had waived his right to sue the resort for simple negligence.
Under Utah law, typical day-pass-type skiing does not require a special liability waiver form. Regular skiing is regulated by the Inherent Risk of Skiing Act, which lays out the safety standards that are expected of Utah's ski resorts and says skiers accept risks inherent to the sport.
The justices noted there was a distinction between regular skiing and ski races in that prospective racers must accept more of the inherent risk of racing. With that said, the justices also ruled that race organizers are not completely immune from suits.
Recent comments
The PCMR decision was good, the Snowbird one horrendous. You can...
TakeResponsibility | Dec. 31, 2007 at 2:58 p.m.
whether on a board or skis, and you sound like a gaper
gapers are gapers | Dec. 28, 2007 at 12:42 p.m.
If only we could sue all of the reckless snowboarders... they cause...
Ski resorts are for skiers | Dec. 26, 2007 at 7:49 p.m.
- VA promises response to war illness 8:17 a.m.
- Military sees increase in wounded 8:16 a.m.
- Who knew Hasan's radical contacts 8:13 a.m.
- Bomb kills 9 officers in Pakistan 8:13 a.m.
- Lights back in Brazil after outage 8:11 a.m.
- Missing US soldier's body found 8:10 a.m.
- Grouchy public sticking with Obama 8:09 a.m.
- Woods faces tricky Aussie Masters 8:08 a.m.
- Oil up to near $80 on weak dollar 8:06 a.m.
- Stocks open higher as dollar slides 8:04 a.m.
- Pratt pleads not guilty to sex charges
- Utah group finds homes for orphans
- Hair-pulling raises more questions
- Y. tight ends talented tandem
- Utes get extra motivation
- Jazz blow big lead, hang on
- Wyoming writer amazed by BYU
- BYU soccer incident still popular
- Lobo land like home for BYU lineman
- 4 Jazz players make All-Star ballot
- House passes health care bill
266 - TCU showdown has big implications
188 - Lobo suspended
185 - Cougars crush hapless Cowboys
155 - Senators want food tax restored
154 - Utah Jazz fall apart against Kings
131 - TCU 4th in AP poll; U. 16th, Y. 22nd
119 - No 'backlash' for pioneers, gays analogy
105 - S.L. vote pending on gay protections
104 - Utes pound winless Lobos
89
Applebee's Neighborhood Grill & Bar restaurants nationwide will honor...
Meghan McCain, the daughter of former presidential candidate John...
In addition to President Reagan, we must always acknowledge the important...
The church is making steps to show it supports outreach programs to assist...
Never die,they just fade away!! GENERAL DOUGLASS MCARTHUR...
Linguist: The ability to adopt. That ability is part of allowing gay...
I can't believe you're whining about getting to play another game after you...
My Father was a Marine during WWII, and he spoke with gratitude of these men...
But when Mr. Lowrey condemns Hannity, Beck and Limbaugh with phrases like...
He can hit harder than a lot of linebackers.
"Without successful people innovating, inventing and taking huge risks with...
Amazing The Gays plead, beg, steal, trashspit, dismantle and burn for a...


