Waiver Thwarts Injured Skiers Negligence Lawsuit

An injured skier sees his negligence lawsuit slam right into a back-of-ticket waiver.

Ski Accident0309 When trying to determine whether a waiver is valid, one of the first things the courts do is attempt to determine whether the service provider informed the injured individual about the waiver. Next, the court examines whether the individual (assuming his or her injury was caused by the negligence of the service provider) knowingly and willingly relinquished his or her right to sue the provider. In cases in which individual waivers aren't feasible (athletic or recreational facilities, for example, that admit thousands of people onto their property each day), service providers usually try to protect themselves by placing a waiver on the back of the individual's admission ticket. In these cases, since the service provider is trying to enforce a waiver against someone who may not even be aware of its existence - who therefore may not knowingly have intended to release the service provider from liability - such waivers are often found to be void. Ski areas are one notable exception, as demonstrated by the United States District Court for the District of Oregon's decision in Silva v. Mt. Bachelor [2008 U.S. Dist. LEXIS 55942]. David Silva, an avid skier who had skied at numerous resorts throughout the United States, purchased an all-day pass at Mt. Bachelor, an Oregon ski resort that offers nearly 3,700 acres of varied terrain. At each of Mt. Bachelor's ticket windows, signs are posted stating, "[T]he back of your ticket contains a release of all claims against Mt. Bachelor and its employees or agents. Read the back of your ticket before you ski or ride the lift or use any of the facilities of the area. . . . If you do not agree to be bound by the terms and conditions of the sale of your ticket, please do not purchase the ticket or use the facilities at Mt. Bachelor." On the back of every Mt. Bachelor ski ticket, there is the following language:

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