Tag Archives: ski lift

Injured Ski Patron Claims “No Consideration” when Purchase was Online and Waiver Executed Two Days Later

By Doyice Cotten

Ms. Patterson bought a ski lift ticket online, paying $57. Two days later she picked up her ticket at the resort. The front of this lift ticket contained an adhesive sticker, designed to be removed and adhered to a wicket on the ticket holder’s clothing, on which Ms. Patterson’s name, the ticket type, and a bar code were printed. The back of the lift ticket, like all lift tickets issued by Monarch Mountain on March 20,

U.S. District Colorado Court of Appeals Addresses Unsigned Waiver (Disclaimer) on Lift Ticket

 By Doyice Cotten

Carolyn Raup was injured dismounting a chairlift. The lift ticket was purchased for her by her daughter and son-in-law. The ticket had a waiver on its back side and a warning on the front reading “IMPORTANT WARNING ON REVERSE.” She sued alleging negligence plus other claims. The trial court ruled that Vail was protected by the waiver language. She appealed to the U.S. Court of Appeals in this action (Raup v. Vail Summit Resorts,

Court in New York Ski Case Rules that Parental Waivers Allowing Minors to Ski are Valid & Enforceable

By Doyice Cotten

Bryan DiFrancesco’s son was injured while on a ski lift with a ski instructor employed by the defendant Win-Sum Ski Corp [DBA Holiday Valley, Inc.]. The uncle of the boy had signed a waiver of liability and assumption of inherent risks so that the 5 year-old could ski. The boy fell from the lift and sustained severe injuries. The father subsequently filed a suit in federal court against the ski resort on behalf of the boy (DiFrancesco v.

Very Broad Waiver Protects in Spite of Fact a Signed Waiver was not Produced

 By Doyice Cotten

Theresa Brigance was injured at Vail while taking beginning skiing lessons. Vail claimed no liability on the basis of a required liability waiver. Brigance’s ski boot became wedged under the chair in the ski lift. Interestingly, Vail was unable to produce a signed waiver in court.(Brigance v. Vail Summit Resorts, Inc., 2017 U.S. Dist. LEXIS 5447)

Liability waivers sometimes fail because they are not broad enough to cover the circumstances of the incident;