Inherent Risks of Skiing
Under the Ski Safety Act, skiers assume the following inherent risks:
- Changing weather conditions
- Snow conditions (ice, powder, packed, crud)
- Bare spots and variations in terrain
- Trees, rocks, and other natural features
- Collisions with other skiers
- Variations in steepness and terrain
When Ski Resorts ARE Liable
The Ski Safety Act does not protect resorts from liability for:
- Lift malfunctions — mechanical failures, operator error, loading/unloading negligence
- Negligent grooming — creating unexpected hazards, grooming cat collisions, exposed equipment
- Failure to mark hazards — unmarked obstacles, inadequate signage, missing trail closures
- Reckless employee behavior — ski patrol negligence, instructor negligence, snowmaking equipment hazards
- Inadequate safety systems — missing padding on lift towers, inadequate fencing, terrain park maintenance
Ticket Waivers and Liability Releases
Most Colorado ski resorts include liability waivers on lift tickets. Colorado courts have upheld these waivers for inherent risks but have found them unenforceable for resort negligence. A waiver cannot excuse a resort from its own negligent conduct.