Liability waivers at winter resorts have legal teeth

Before you don your ski jacket, put on those goggles and grip your poles, you might want to read the fine print on that liability release form.

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.

After being paralyzed, Berry sued the resort, claiming its staff was not only negligent in designing the race course, but also grossly negligent in designing the tabletop jump on which he injured himself.

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.