June 18, 2019

Colorado Supreme Court: Avalanches are Inherent Risks or Dangers of Skiing

The Colorado Supreme Court issued its opinion in Fleury v. IntraWest Winter Park Operations Corp. on Tuesday, May 31, 2016.

Ski Safety Act of 1979—Statutes—Immunity Statutes—Plain Language—Plain, Ordinary, Common, or Literal Meaning—Public Amusement and Entertainment—Skiing and Snowboarding.

The Supreme Court held that an avalanche that occurs within the bounds of a ski resort qualifies as an “inherent danger[] and risk[] of skiing” under the Ski Safety Act of 1979, C.R.S. §§ 33-44-101 to -114. The definition of “inherent dangers and risks of skiing” in C.R.S. § 33-44-103(3.5) specifically includes “snow conditions as they exist or may change.” By its plain meaning, this phrase encompasses an in-bounds avalanche, which is, at its core, the movement or changing  condition of snow. As such, C.R.S. § 33-44-112 precludes skiers from recovering for injuries resulting from in-bounds avalanches.

Summary provided courtesy of The Colorado Lawyer.

Print Friendly, PDF & Email

Speak Your Mind

*