Broad Liability Waivers Are Bull – Resorts Can Be Sued for Negligence

At just 17 years old, Myles Bagely was an expert snowboarder taking on the most advanced terrain in the Cascades. In 2006, he purchased a season pass to Mt. Bachelor, for which his father had to sign a liability waiver that stated the resort could not be sued for injury or death, even if it was caused by negligence.

“I/ we agree to release and indemnify Mt. Bachelor, Inc., its officers and directors, owners, agents, landowners, affiliated companies, and employees (hereinafter “Mt. Bachelor, Inc.”) from any and all claims for property damage, […]

By |February 16th, 2017|Ski Injury|

Top Ski Injuries and How to Avoid Them

skiing-lens-flareIf anyone is thrilled about the wild winter the Portland metro area is experiencing it’s ski resorts and avid skiers. Throughout the Cascades the snowpack is at record levels — more than they have received in over a decade. As exciting as it can be to hit the slopes, skiing comes with many risks. Perhaps the biggest risk is the possibility of hitting other skiers or trees, which make up the majority of ski accidents. Hitting objects, falling, and even not dressing warmly enough can lead to a bad time. Consider […]

By |January 24th, 2017|Ski Injury|

Oregon Ski Resorts Seek “Special Snowflake” Status

 

In December 2014 the Oregon Supreme Court found the “liability release” printed on the back side of a lift ticket unenforceable. Bagley v. Mt. Hood Bachelor 356 Or 543 (December, 2014). Keep in mind, prior to Bagley ski resorts were already immune from injury claims caused by the “inherent risk of skiing” that are “reasonably obvious, expected or necessary”. In other words, a skier who hurt after hitting a tree or slipping on an icy snow accepts those risks and has no claim against the ski resort. Skiing is a dangerous sport and those who participate in […]