Colorado
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.
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.
“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.
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.”
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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Damage assessments are still ongoing for homes and businesses affected by the Aspen Acres Fire in southern Colorado, but over 200 homes have been confirmed destroyed so far. The United Way of Southern Colorado is working to raise relief funds for those affected and says it’s making progress towards its fundraising goal.
In an update on Wednesday afternoon, Pueblo County Sheriff David Lucero said they’ve assessed approximately 67% of the properties affected in the county. Authorities have confirmed the loss of 192 homes and four commercial structures so far and are working to contact property owners as quickly as possible.
Lucero urged everyone affected by the fire to use the survivor portal for more information on assistance.
Custer County Sheriff Rich Smith says they’ve lost approximately 83 homes so far, almost 2% of the county’s homes. The worst hit area is along the Highway 165 corridor, Smith added. He said that authorities don’t expect any new evacuation areas, but are not yet ready to release the existing evacuation orders.
Smith said a hotline is available during business hours for affected Custer County Residents to ask questions. He urged residents to contact them at (719) 467-0271 and advised they may need to leave a voicemail if the line is busy due to the high number of calls.
A flash flood watch is in effect for areas near the burn scar, which could affect nearby homes.
The President of the United Way of Southern Colorado, Shanna Farmer, said the organization is working to raise wildfire relief funds for those affected. Over the last few days, they have reached just over $417,000 of their $10 million goal.
“It has been incredible, the number of individuals and companies who have come out to support, to provide matches, and to provide innovative ways to raise those funds,” said Farmer. “And so, I encourage anyone who is willing to work with us on a corporate, business, or individual level to please reach out because it is going to take all of us to help rebuild.”
Farmer said that the community not only needs help with their immediate needs but also long-term support. She urged anyone interested in donating to visit their website.
The Pueblo County Sheriff’s Office says anyone who has evacuated needs to contact the Disaster Assistance Center located at 29 Lehigh Ave. in Pueblo. The center is open between 9 a.m and 6 p.m. and provides multiple resources for those forced to evacuate.
Residents must also visit the center to obtain a re-entry pass, which will allow them to return home once evacuation orders have been lifted. A photo ID and proof of residency are required. Visitors can sign up online to reserve a place in line for faster service.
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Colorado
Julian Lewis Says Deion Sanders’ Colorado ‘Wasn’t Really Looking at Defenses Much’ Last Season
Colorado quarterback Julian Lewis made a stunning admission that could explain the team’s 3-9 finish to the 2025 season.
While speaking to ESPNU at Big 12 media days, Lewis was asked what the biggest difference was between last year and this year, and he revealed that the Deion Sanders-coached Buffaloes typically didn’t watch film during his first season with the team.
“My play, I’m actually looking at the defenses now,” Lewis said. “Last year, we wasn’t really looking at defenses much, just kind of high school free-balling, just out there playing football. But it’s a lot bigger than that now, so it should be fun.”
Before taking a redshirt year, Lewis played in four games as a true freshman with two starts and threw for 589 yards, four touchdowns and no interceptions while completing 55.3 percent of his passes. He should fare even better this season with the benefit of film study.
Lewis will enter the 2026 campaign as Colorado’s starting quarterback, so he will have the opportunity to show his improvements when the Buffaloes open the year against Georgia Tech on Sept. 3.
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