The incident took place at Breckenridge, a resort owned by Vail Resorts. Photo: Ethan Walsweer // Usnplash
A Texas man is suing Vail Resorts for negligence even after he signed two liability waivers issued by the company. As Summit Daily reports, The Colorado Supreme Court recently heard oral arguments in a case that could have wide ranging implications for ski resort contracts.
John Litterer sued Vail Resorts subsidiary Vail Summit Resorts Inc. after he was hit by an employee driving a snowmobile at Breckenridge Ski Resort in 2020. Litterer filed a complaint asserting that the crash was a result of negligence on the part of the snowmobile operator and the resort.
The Summit County District Court and Colorado Court of Appeals both dismissed Litterer’s case, saying that he had given up his right to sue the company. That’s because Litterer signed not one, but two liability waivers issued by Vail Resorts. The first was when he bought an Epic Pass the year he was injured. However, to make things more complicated, he then purchased another Epic Pass in 2022 and clicked on the agreement a second time.
During oral arguments, Supreme Court Justices asked lawyers about the second liability waiver. Litterer’s attorney, Trent Ongert, argued that the signing of the second waiver did not mean his client was giving up the right to sue the resort, and that the waiver’s language was unenforceable. Meanwhile, Vail Resorts’ attorney Michael Hofmann rebutted that the wording was clear.
The result of the hearing could have farther reaching implications for resort-goers. Two years ago, the Supreme Court heard a similar case, Miller v. Crested Butte, and ruled that blanket waivers do not protect resorts in all cases when a customer is injured. Litterer’s case, though, even further tests the powers of liability releases to prevent not only future litigation, but ongoing cases.
According to Summit Daily, the Supreme Court typically issues written opinions within nine months of oral arguments, meaning we could have the answer soon.
