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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Colorado
Saturday Night Showdown | Colorado Avalanche
Leading the Way
Nate the Great
MacKinnon is tied for fifth in the NHL in points (10), while ranking tied for seventh in goals (4) and tied for ninth in assists (6).
All Hail Cale
Cale Makar is tied for first in goals (4) among NHL defensemen,
Toewser Laser
Among NHL blueliners, Devon Toews is tied for third in points (7) while ranking tied for fifth in assists (5) and tied for sixth in goals (2).
Series History
The Avalanche and Wild have met in the playoffs on three previous occasions, all in the Round One, with Minnesota winning in 2003 and 2014 in seven games while Colorado was victorious in six contests in 2008.
Making Plays Against Minnesota
MacKinnon has posted 16 points (4g/12a) in nine playoff games against the Wild, in addition to 70 points (27g/43a) in 55 regular-season contests.
Makar has registered three points (2g/1a) in two playoff contests against Minnesota, along with 26 points (6g/20a) in 29 regular-season games.
Necas has recorded five points (1g/4a) in two playoff games against the Wild, in addition to nine points (5g/4a) in 15 regular-season games.
Scoring in the Twin Cities
Quinn Hughes is tied for the Wild lead in points (11) and assists (8) while ranking tied for second in goals (3).
Kaprizov is tied for first on the Wild in assists (8) and points (11) while ranking tied for second in goals (3).
Matt Boldy leads the Wild in goals (6) while ranking third in points (10) and tied for fourth in assists (4).
A Numbers Game
4.50
Colorado’s 4.50 goals per game on the road in the playoffs are tied for the most in the NHL.
39
MacKinnon’s 39 playoff goals since 2020-21 are the second most in the NHL.
2.17
The Avalanche’s 2.17 goals against per game in the playoffs are the second fewest in the NHL.
Quote That Left a Mark
“It should definitely get you up and excited. It’s gonna be a good test. [It’s a] great building and [it’s] against a desperate team. It’s gonna be great.”
— Gabriel Landeskog on playing in Minnesota
Colorado
Colorado Gov. Jared Polis signs state budget, with Medicaid taking brunt of cuts to close $1.5 billion gap
Colorado Gov. Jared Polis on Friday, May 8, signed into law a $46.8 billion state budget that cuts healthcare spending but preserves funding for K-12 education.
The budget applies to the 2026-27 fiscal year, which begins on July 1, and caps months of work by lawmakers, who wrestled with how to close a roughly $1.5 billion gap that ultimately forced reductions to Medicaid funding and other programs.
“This year was incredibly difficult and challenged each of us in a myriad of ways that put our values to the test,” said Rep. Emily Sirtota, a Denver Democrat and chair of the bipartisan Joint Budget Committee, which crafts the state’s spending plan before it is voted on by the full legislature. “It’s a zero-sum game. A dollar here means a dollar less over here.”
The state’s spending gap was the result of several factors.
The legislature is limited in how it can spend under the Taxpayer’s Bill of Rights, or TABOR, an amendment to the state constitution approved by voters in 1992 that limits government revenue growth to the rate of population growth plus inflation.
Lawmakers are also dealing with the consequences of increased spending on programs they created or expanded in recent years, some of which have seen their costs balloon beyond their original estimates. Costs for Medicaid services, in particular, have surged, driven by inflation, expanded benefits and greater demand for expensive, long-term care services due to Colorado’s aging population.
Medicaid cuts
Medicaid recently eclipsed K-12 education as the single-largest chunk of the state’s general fund and now accounts for roughly one-third of all spending from that fund.
Lawmakers, who are required by the state constitution to pass a deficit-free budget, said they had no choice but to cut Medicaid funding as a result.
That includes a 2% reduction to the state’s reimbursement rate for most Medicaid providers. The budget also institutes a $3,000 cap on adult dental benefits, limits billable hours for at-home caregivers of family members with severe disabilities to 56 hours per week and phases out, by Jan. 1, automatic enrollment for children with disabilities to receive 24/7 care as adults.
The budget also cuts benefits and places new limits on Cover All Coloradans, a program created by the legislature in 2022 that provides identical coverage as Medicaid to low-income immigrant children and pregnant women, regardless of their immigration status.
That includes an end to long-term care services for new enrollees, a $1,100 limit on dental benefits, and an annual enrollment cap of 25,000 for children 18 or younger. The cuts come as spending on the program has grown more than 600% beyond its original estimate, going from roughly $14.7 million to an estimated $104.5 million for the 2025-26 fiscal year.
While the budget still represents an overall increase in Medicaid spending compared to this year, funding is roughly half of what it would have been had lawmakers not made any changes to benefits and provider rates, which total about $270 million in savings for the state.
Healthcare leaders say the cuts will exacerbate an already challenging environment for providers, who are bracing for less federal support after Congress last year passed sweeping Medicaid cuts and declined to renew enhanced subsidies for the Affordable Care Act.
For rural hospitals in particular, Medicaid is one of their key funding drivers.
“While a 2% (Medicaid reimbursement rate cut) doesn’t sound like a whole lot, when we already have close to 50% of our rural hospitals statewide operating in the red and 70% with unsustainable margins, facing another 2% (cut) on top of that is just devastating,” said Michelle Mills, CEO for the Colorado Rural Health Center, which represents rural hospitals on the Western Slope and Eastern Plains.
If the state provides less reimbursement for Medicaid services, Mills said it will lead to fewer providers accepting Medicaid plans. That in turn will mean fewer care options for people, particularly in Colorado’s rural counties, where healthcare services are already more limited.
“I feel like all of the decisions and cuts that they’re making are hitting everyone,” she said.
Rep. Rick Taggart, a Grand Junction Republican and budget committee member, said cuts to healthcare led to “a lot of tears.”

“This was a tough budget, and nobody won in this budget, but we did what we had to do by way of the (state) constitution,” he said.
While Medicaid saw some of the biggest cuts, lawmakers also trimmed spending from a suite of other programs, including financial aid for adoptive parents and grants providing mental health support for law enforcement.
Preserving K-12 education
One of the brighter spots for Polis and lawmakers in the budget is K-12 education.
After years of chronically underfunding the state’s schools, lawmakers in 2024 rolled out a revamped funding formula and abolished what was known as the budget stabilization factor, a Great Recession-era mechanism that had allowed the state to skirt its constitutional funding obligation to schools for more than a decade.
The new funding formula went into effect this school year, and the state is set to continue delivering higher levels of K-12 funding in the 2026-27 fiscal year budget. The budget allocates roughly $10.19 billion in K-12 funding, an increase of roughly $194.8 million, though the specifics of that spending are still being worked out in a separate bill, the 2026 School Finance Act, which has yet to pass the legislature.
The finance act guides how state and local funds are allocated to Colorado’s 178 school districts on a per-pupil basis. As it stands now, the bill is on track to increase per-pupil funding by $440 per student for the 2026-27 fiscal year, for a total of $12,314 per student.
“We are not returning to the days of underfunding our schools and a budget stabilization factor,” Polis said.

Still, there are challenges on the horizon for some districts.
Combined with a proposed three-year averaging model for student counts instead of the current four-year averaging, recent dips in student enrollment across the state will weigh more heavily on how much funding is allocated to each district. The shift to three-year averaging advances the state’s plan to gradually phase in the new school finance formula by 2030-31.
With several districts seeing decreased year-over-year enrollment and rising operational expenses like healthcare, some Western Slope school districts are poised to see less funding compared to this year, while others are seeing their increases eaten up by inflation.
A note on wolves
The topic of Colorado’s spending on gray wolf reintroduction hasn’t gone away, and while Medicaid headlined much of the budget discussions, lawmakers also used the spending plan to send a message on the future of the wolf program.
While the budget allocates $2.1 from the general fund to Colorado Parks and Wildlife to spend on wolf reintroduction, it also contains a footnote from lawmakers asking the agency not to use the money to acquire new wolves.
Footnotes are not legally binding, but rather serve as a direction or guidance from lawmakers to agencies on how they want certain funds spent.
Under the footnote, the wildlife agency could still use gifts, grants, donations and non-license revenue from its wildlife cash fund to bring additional wolves to Colorado. Most of the agency’s wolf funding goes toward personnel, followed by operating costs, compensation for ranchers and conflict minimization programs and tools.
Education reporter Andrea Teres-Martinez and wildlife and environmental reporter Ali Longwell contributed to this story.
Colorado
Canvas outage leaves thousands of Colorado students scrambling amid nationwide cyberattack
A widespread cyberattack targeting the learning platform Canvas is disrupting thousands of schools across the country, including in Colorado. It’s hitting students at one of the worst possible times: finals week.
Cybercriminal group ShinyHunters claimed credit for the attack, breaching systems tied to Instructure, the company that runs Canvas. Canvas is used by 41% of higher education institutions across the country to deliver courses. Millions of K-12 students rely on the platform as well.
In Colorado, more than 20 schools, including Colorado School of Mines, Metropolitan State University of Denver, the University of Denver, the University of Colorado Boulder, Colorado State University, and the University of Northern Colorado, have been affected by the cybersecurity attack.
The group is attempting to extort the company, threatening to release massive amounts of student data if demands are not met.
For students like Flannery Headley, a political science major at MSU Denver, the disruption is more than an inconvenience — it’s a major source of stress.
“The moment I tried to click on something, it gave me this maintenance down page,” she said. “I started Googling things, and I saw this whole thing about the hack.”
Headley says she was working on assignments when Canvas suddenly stopped functioning.
MSU sent out guidance telling students not to log into Canvas and to wait for updates from professors.
Like many students, Headley is now left in limbo, unsure how finals will be submitted or graded.
“This final I’ve spent the last week working on might not matter,” she said. “At least one of my grades is hinging on another final, whether I’m going to pass or fail.”
The attackers claim to have stolen large amounts of data, including names, student ID numbers, email addresses, and academic records.
Experts say the real risk may not just be disruption, but what happens next.
“The worst they could do is release it,” said MSU Denver computer science professor Steve Beaty. “There’s been minor leaks and breaches and these sorts of things from time to time, but nothing on the scale of this.”
Beatty says the group claims to have terabytes of student data, which could include personally identifiable information protected under federal privacy laws. If released, that information could be used for scams, identity theft, or further cyberattacks.
Canvas is a cloud-based system used by thousands of institutions, meaning a single attack can have massive ripple effects.
“They took the entire Canvas infrastructure down,” Beatty said. “That affects about 9,000 schools, tens of thousands of people in Colorado alone.”
Right now, schools are scrambling to find workarounds, from email submissions to alternative testing methods.
There is no current timeline for resolution. The hacker group has set a May 12 deadline for the company to respond before potentially releasing the data.
Until then, students like Headley are left waiting, hoping their work doesn’t disappear.
“I’m going to keep working on my finals,” she said, “but I’m not sure what that’s going to look like.”
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