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Waivers don’t shield ski resorts that violate state law from liability, Colorado Supreme Court rules

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Waivers don’t shield ski resorts that violate state law from liability, Colorado Supreme Court rules


The pages of fine print that skiers and snowboarders must agree to when hitting the slopes in Colorado — waivers of liability — do not protect ski resorts when resorts violate state laws or regulations, the Colorado Supreme Court ruled Monday.

The ruling, handed down in the case of a 16-year-old girl who fell from a ski lift at Crested Butte Mountain Resort and was paralyzed two years ago, likely ends a years-long push by the ski industry to use waivers to shield resorts against almost all lawsuits, even in cases where ski areas violated state law, experts said.

“It’s a sea change, in terms of ski areas’ responsibilities and consumers’ ability to be protected from ski areas’ negligence,” said Evan Banker, a personal injury attorney at Denver firm Chalat Hatten & Banker. “…From a consumer protection standpoint, it’s huge. Because liability breeds responsibility.”

In their 5-2 decision, the Colorado Supreme Court justices considered a lawsuit brought by Annie Miller and her father, Michael Miller, over Annie’s 30-foot fall from a lift at Crested Butte, which is owned by Vail Resorts. The father and daughter from Oklahoma boarded the Paradise Express chairlift, a four-seat, high-speed lift at the resort, on March 16, 2022.

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Annie couldn’t get properly seated, and grabbed the chairlift to keep from falling. Her father and others began to yell for the lift to be stopped as she was dragged forward, but the lift continued with Annie hanging from the chair and her father trying to pull her back to safety.

Eventually, Annie fell and landed on her back. Even then, the lift did not stop, and Michael Miller was forced to ride to the top and ski down to his daughter, who suffered severe injuries and was paralyzed after the fall.

Michael Miller brought a negligence lawsuit against Crested Butte, arguing that the resort employees should have stopped the lift well before Annie fell and that failing to do so violated Colorado’s Ski Safety Act and the Passenger Tramway Safety Act. A lower court ruled much of Miller’s claim was invalid, and he appealed to the Colorado Supreme Court.

Monday’s ruling partially reversed the lower-court decision and allows Miller to continue to pursue the negligence lawsuit against the resort.

Sara Huey, a spokeswoman for Vail Resorts, declined to comment on the ruling because the Millers’ lawsuit is ongoing. In court filings, attorneys for Vail Resorts argued that the lawsuit misstated the precedent in Colorado around private liability waivers, which skiers and snowboarders must agree to when buying lift tickets and passes.

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“Colorado courts have upheld private recreational waiver agreements, even where the plaintiff could have (or did) point to a statute regulating the activity,” attorney Michael Hofmann wrote. “The existence of recreational safety regulation has never been enough to prohibit private parties from agreeing that a waiver defense will be available.”

“Big victory for ski safety”

More broadly, the state high court’s decision likely ends efforts by the ski industry to expand the protections that waivers of liability give ski areas.

“This was a big victory for ski safety in Colorado,” said Bruce Braley, who represented the Millers. “It says unequivocally that ski areas cannot force skiers and snowboarders to sign away their rights to protection under the statutes and regulations that govern the ski industry in Colorado.”

The ruling turns back the clock on liability in some Colorado ski accident cases, Banker said.

“For many, many years… everyone sort of agreed that when you sign that waiver you are waiving claims of negligence, but you can always still make claims if the ski area fails to do the things it is required to by law, like maintaining the lift properly,” Banker said.

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But since about 2017, the ski industry has been successfully challenging that understanding through targeted litigation, winning key court cases that strengthened the protection afforded by waivers and pushing to essentially provide complete immunity for anything that could happen at a ski resort unless there was gross negligence, Banker and Braley said.

“So what this has done is change that,” Banker said. “It brings us back to the landscape everyone understood it to be many years ago. Which is, you can waive claims of negligence, but the ski area doesn’t get to avoid its legal responsibility, its responsibility in statute and regulations, by having you sign a waiver.”

Adrienne Saia Isaac, a spokeswoman for the National Ski Areas Association, a Lakewood nonprofit that represents more than 300 sk- area members, said it is “too early to tell how the ruling will affect the Colorado ski industry.”

The association argued in court filings both that the lift operator at Crested Butte was not required to stop the lift in response to Annie Miller’s mishap, and that liability waivers do not allow ski areas to get around statutory regulations.

“While chairlift accidents within the reasonable control of ski area operators will never be eliminated, they are rare,” wrote Brian Birenbach, an attorney in Breckenridge representing the National Ski Areas Association. “This will not change by the continued enforcement of liability waivers in the courts.”

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Two dissenting voices

Two justices dissented from the majority’s Monday ruling, arguing that the state Supreme Court should have upheld the lower court’s ruling in Miller’s lawsuit.

Justice Monica Márquez wrote in the dissent that the type of negligence Miller claimed, “negligence per se,” or negligence in violation of a specific statute or regulation, is practically no different from ordinary negligence — that is, negligence that violates a general reasonable duty of care — and so shouldn’t be treated differently from a claim of ordinary negligence.

“The dissent essentially says, ‘It’s still negligence, and you can waive claims of ordinary negligence, so there is nothing special about a per se duty of care,’ whereas what the majority opinion said is, ‘When the legislature speaks and sets out duties of care, it means something,’” Banker said.

Braley said the ruling should encourage Colorado ski areas to pay closer attention to safety laws and regulations.

“I think the industry as a whole is going to have to accept responsibility,” he said, “and take more seriously these statutory and regulatory requirements they have to comply with to provide safe passage on chair lifts in Colorado.”

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Greer, Wooten combine for 20, Colorado women advance in Big 12 Tournament with 55-48 win over Kansas

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Greer, Wooten combine for 20, Colorado women advance in Big 12 Tournament with 55-48 win over Kansas


KANSAS CITY, Mo. — Logyn Greer and Desiree Wooten both scored 10 points in No. 6 seed Colorado’s 55-48 win over No. 11 seed Kansas on Thursday night to advance to the quarterfinals of the Big 12 Conference Tournament.

Greer shot 4 for 7 from the field and drained both her attempts from 3-point range from the Buffaloes (21-10). She had six rebounds and four blocks. Wooten added four assists.

Colorado was in foul trouble early, racking up seven fouls in the first quarter. A 9-0 run in the second quarter broke the game open for the Buffaloes and they entered halftime up 26-18. Their defense held Kansas to 36% (19 of 53) from the field and 15% (2 of 13) from 3-point range.

Kansas (19-13) was led in scoring by S’Mya Nichols, who put up 14. Her and Sania Copeland scored the only 3-pointers for the Jayhawks.

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Colorado: Will play No. 3 seed Baylor on Friday. The Lady Bears are ranked No. 20 in the country.

Kansas: Will wait for an invitation into a postseason tournament.

___ Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here. AP women’s college basketball: https://apnews.com/hub/ap-top-25-womens-college-basketball-poll and https://apnews.com/hub/womens-college-basketball



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Deen: Avalanche Solve Roster Needs. What’s Next? | Colorado Hockey Now

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Deen: Avalanche Solve Roster Needs. What’s Next? | Colorado Hockey Now


The trade deadline is less than 24 hours away and the Avalanche have already made the three moves that had been clear-cuts needs for the team.

They needed to improve their third pair. They did that by swapping Samuel Girard for Brett Kulak.

They needed to replace the recently departed Ilya Solovyov with a more capable No. 7 option on the blueline. That was accomplished with Wednesday’s trade for Nick Blankenburg.

Most importantly, the Avs needed a third-line center. On Thursday, they paid a hefty price to acquire Nicolas Roy from the Toronto Maple Leafs.

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These are all things that had to be done. Now? They have nearly $7 million in available cap space (with Logan O’Connor on LTIR), with an opportunity to improve on the roster they have. This is the part of the trade deadline where general manager Chris MacFarland can bolster the team, find those luxury additions, and maximize his team’s chances and winning a Stanley Cup.

So what could that look like?

Most of the season has seen Ross Colton, Victor Olofsson, and even Gavin Brindley occupy the wings on the third line. With Roy expected to settle into that 3C role, there’s an opportunity to build on the wing. Elliotte Friedman mentioned last week that the Avs could move on from Colton. If so, that would give them a lot more cap space and a valuable asset they can use on the trade market to bring in a solid middle-six winger. Perhaps someone like Blake Coleman.

Olofsson has chemistry with Roy dating back to last season with Vegas, but you have to wonder if they’d be looking to upgrade on his position, too.

That leaves Jack Drury on the fourth line, centering Parker Kelly and Joel Kiviranta. Brindley slots down to the No. 13 forward (when everyone is healthy), while Zakhar Bardakov is the 14th option.

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If O’Connor returns before the postseason, he instantly rejoins the fourth line. That would push Kiviranta out, and he’d be the 13th forward just like he was last year. Even in that scenario, I do wonder if the Avs decide to improve on Bardakov. He’s a young centerman who has impressed in limited minutes but has struggled to gain the full trust of the coaching staff.

There’s also the option to add another depth defenseman. Right now, an injury to Kulak or Devon Toews would again force Colorado to have five right-shot defensemen in the lineup. Blankenburg, who also shoots right, would be an ideal fill-in if an injury were to strike on the right side.

But what about another depth option? Colorado won the Cup in 2022 with both Ryan Murray and Jack Johnson on the outside looking in. After Girard’s injury, Johnson stepped in. But it didnd’t hurt to have multiple depth options just in case.

Could the Avs target another depth blueliner? If so, will they go for a bigger body? I’ve seen the name Urho Vaakanainen floated around. He would be the type of left-shot defenseman who could fill that role as an extra. Albeit his $1.55 million cap hit might be too large to take on without retention for such a limited role.

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Colorado Parks and Wildlife advances controversial fur ban petition during packed meeting

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Colorado Parks and Wildlife advances controversial fur ban petition during packed meeting


A contentious fight over fur stole the show at day one of the Colorado Parks and Wildlife Commission March meeting. The drama centered around a citizen petition to prohibit the sale of some wild animals furs.

The public meeting was packed with hunting advocates and animal rights groups. A total of 120 people signed up to speak during public comment at the hours-long meeting, not including those who submitted written or virtual comments.

An image from the heavily-attended meeting at the DoubleTree Denver-Westminster on Wednesday

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The turnout was so big that Colorado Parks and Wildlife increased security. The meeting was held at the DoubleTree Denver-Westminster. CPW said they conducted security checks at the entrance at the hotel’s request to enforce the venue’s ban on weapons.

Ultimately, the commission voted 6-4 to move a proposed fur ban into the rulemaking phase.

It’s a win for the animal rights groups that submitted the petition.

While the commission did not all-out adopt the petition as it was submitted. They chose to initiate a rulemaking process for a potential ban to be approved down the line.

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When the motion was advanced, it was met by jeers and some cheers from an audience full of hunters, trappers and advocates.

“We were hoping that there would be an opposition to moving the petition forward for the variety of reasons,” said Dan Gates, executive director of Coloradans for Responsible Wildlife Management. “It’s kind of frustrating that you sit there that long and you go through that much back and forth. On so many different levels. So it’s kind of disappointing.”

“This is a win. So it’s a good day,” said Samantha Miller, the senior carnivore campaigner for the Center for Biological Diversity.

Miller submitted the petition, which sought to ban the for-profit sale of fur from Colorado wildlife known as furbearers.

Those are 17 species including fox, bobcat, beaver, raccoon and coyote.

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“Right now, furbearers are hunted and trapped in unlimited numbers in the state of Colorado, they also don’t enjoy the same protections against commercial markets that other big game species do enjoy, and in a time of biodiversity crisis and climate change, it’s critical that we up our management levels, modernize them, to reflect the crises we’re facing at the time, and ally for align for rare management with other species,” Miller said.

Colorado law already bans the commercial sale of big game.

As submitted, the petition would not limit the trapping or hunting of furbearers, just the sale of their furs and other parts, including hides, pelts, skins, claws and similar items. The sale of furs from farmed animals or wild animals killed outside Colorado would not be impacted.

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The petition proposes exceptions, including fishing flies, western hats and scientific or educational materials.

The petition argues that commercial wildlife markets historically contributed to severe wildlife declines in North America and that modern conservation under the North American Model of Wildlife Conservation calls for eliminating markets for wildlife products.

“So what we’re saying is, let’s at least take this commercial piece off the table. We don’t allow this for any other wild animals, and let’s move forward with this petition,” Miller said.

Public comment speakers who supported the petition urged CPW to put compassion for animals ahead of commercial profits.
While the majority of speakers spoke against the proposed ban, saying the existing science-based wildlife management is working, and pointing out the Coloradans who rely on this industry for their livelihood.

Many pointed out that Denver voters rejected a similar fur ban in 2024.

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“As a personal furbearer harvester over the course of the last 50 years, and a wildlife control operator and the president for the Colorado Trappers and Predator Hunters Association as well. We can adamantly say that we are for science-based wildlife management, and there’s been no indication whatsoever from the science-based wildlife managers that there’s a problem with any one of the 17 furbearers in the state of Colorado,” Gates said.

CPW staff recommended denial of the petition, saying the division does not have solid evidence that commercial fur sales are leading to unsustainable harvest levels of these animals.

Staff also worried about potential enforcement issues with proposed exemptions, and that the petition contradicts a state law allowing landowners to hunt, trap, and sell furs from furbearers causing damage to property.

“Colorado Parks and Wildlife laid a very good synopsis down when they were putting that recommendation for denial together, and some of these things will play out, and we’ll just have to see how it does,” Gates said.

The commission’s vote to initiate rulemaking leaves the door open for those concerns to be addressed.

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“Rulemaking will clear up all of those misalignments that they have found or identified and make sure that it goes forward to the letter of the law and honoring the intent of the visit of the petition,” Miller said. “It’s a good day, I think, for wildlife to bring our regulations consistent and to start modernizing our furbearer management.”

“It seemed today that the vote was more social minded, more personal preference or ideological minded, as opposed to looking at the science and the data that was given by the agency,” Gates said.

See the petition below:



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