Colorado § 33-44-112 - Limitation on actions for injury resulting from inherent dangers and risks of skiing.

§ 33-44-112. Limitation on actions for injury resulting from inherent dangers and risks of skiing.

Notwithstanding any judicial decision or any other law or statute to the contrary, including but not limited to sections 13-21-111 and 13-21-111.7, C.R.S., no skier may make any claim against or recover from any ski area operator for injury resulting from any of the inherent dangers and risks of skiing.

Source: L. 90: Entire section added, p. 1543, § 7, effective July 1.

Cross references: For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 256, Session Laws of Colorado 1990.

ANNOTATION

An individual engaging in a recreational activity, unlike an individual who seeks to obtain housing or other necessities of life, is not constrained to participate and accordingly may opt out of an activity if he or she is unwilling to accept exculpatory terms. Patterson v. PowderMonarch, LLC, 926 F.3d 633 (10th Cir. 2019).

Being "free to walk away" does not mean free from all costs, rather it means free from compulsion or coercion. Patterson v. PowderMonarch, LLC, 926 F.3d 633 (10th Cir. 2019).

Plaintiff was free to walk away even though she would have forfeited the price of her lift ticket, plus the travel costs she had incurred to reach the resort, if she had chosen not to accept the release of liability. Patterson v. PowderMonarch, LLC, 926 F.3d 633 (10th Cir. 2019).

Ski area operator immune from liability for injuries caused by its employee because, under this section, employee was a "skier" at the time employee collided with skier who was injured. Johnson v. Bodenhausen, 835 F. Supp. 2d 1092 (D. Colo. 2011).

The clear and unambiguous language in this section creating immunity for ski area operators sufficiently indicates the general assembly's intent to abrogate the doctrine of respondeat superior as it would apply to claims against ski area operators based on the negligence of their employees. Johnson v. Bodenhausen, 835 F. Supp. 2d 1092 (D. Colo. 2011).

Ski area operator immune from liability when injury or death results from avalanche because avalanche is an inherent danger and risk of skiing. Fleury v. IntraWest Winter Park, 2014 COA 13, 411 P.3d 81, aff'd, 2016 CO 41, 372 P.3d 349.

A ski operator's negligence, which is established by a statutory violation of the Ski Safety Act that causes injury to a skier, is not an inherent danger or risk of skiing. Doering ex rel. Barrett v. Copper Mtn., Inc., 259 F.3d 1202 (10th Cir. 2001).

Slush, trees, ravine, or precipice outside the ski trail and not as a matter of law within the "inherent dangers and risks of skiing" as causation of plaintiff's injuries is an issue for the jury to determine. Plaintiff must prove defendant's conduct was a substantial contributing cause of the accident. Graven v. Vail Assocs., Inc., 909 P.2d 514 (Colo. 1995).

The term "skiing" includes bobsledding. Cuny v. Vail Assocs., Inc., 902 P.2d 881 (Colo. App. 1995).