Colorado Appellate Panel Skeptical of Expanding Waiver Precedent to Snowmobile Safety Statute

A Colorado appellate panel raised doubts on Tuesday about whether a recent decision limiting ski resort waivers could be extended to a case involving a snowboarding accident caused by a snowmobile driver. The case, brought by John Litterer against Vail Summit Resorts Inc. and snowmobile driver Dwight McClure, challenges the enforceability of waivers on ski passes in light of a snowmobile safety statute.

Litterer, who was struck by a snowmobile at the Breckenridge Ski Area in 2020, argues that his lawsuit should be reinstated because the resort’s waiver cannot absolve the company of liability under the snowmobile safety law. The resort’s ski passes include a waiver acknowledging the risks of injury related to skiing and snowboarding, which visitors are required to sign before using the facilities.

At oral arguments on Tuesday, Litterer’s attorney, Trenton J. Ongert, sought to apply the Colorado Supreme Court’s May 2024 ruling in Miller v. Crested Butte, which held that ski resorts cannot use waivers to absolve themselves from statutory duties under the Ski Safety Act and the Passenger Tramway Safety Act. Ongert argued that the same reasoning should apply to the snowmobile safety statute.