Vail Summit Resorts has argued that the waivers Litterer signed should protect the company from liability and that Miller only prohibits waivers for claims related to statutory violations under the Ski Safety Act and the Passenger Tramway Safety Act. The resort’s counsel, Michael J. Hofmann, pointed out that the snowmobile safety statute does not mention civil liability or negligence and lacks any provision about waivers or competing laws, unlike the Ski Safety Act.
The case is significant because it tests whether Miller‘s holding can be applied beyond the ski resort context to the snowmobile safety law. Litterer’s attorney, Ongert, noted that the Colorado Supreme Court’s decision came after the state legislature had adjourned for the year, suggesting that the General Assembly could act to address the ruling in future sessions if necessary.
The appellate panel’s ruling on this case could have broader implications for the enforceability of waivers in similar accident cases involving ski resorts and other recreational activities. Ongert further emphasized that Litterer’s claim for willful and wanton conduct, which is exempt from waivers, should also be reinstated, regardless of the waiver issue.
