Every skier knows the drill: you buy a pass, check a box, and sign away your right to sue. For years, Colorado courts upheld these waivers with near-total deference to the ski industry. If you got hurt, the fine print usually blocked your case before it started.
That legal wall crumbled in May 2024 when the Colorado Supreme Court issued its opinion inMiller v. Crested Butte, LLC. The court ruled that while you can waive claims for ordinary negligence, you cannot sign away your right to sue for negligence per se—injuries caused by a resort's violation of state laws.[1]
As we head into the 2026 ski season, this distinction is the single most important legal concept on the mountain.
The Miller Case Study
The case involved a 16-year-old girl who fell 30 feet from a chairlift at Crested Butte. Her family alleged the operators failed to slow or stop the lift when she couldn't board properly—a direct violation of the Passenger Tramway Safety Act.[3]
Crested Butte argued the waiver she signed barred all claims. The Supreme Court disagreed, stating that private contracts (waivers) cannot override the public policy set by the legislature in safety statutes. Because the resort allegedly broke a specific law, the waiver was void for that claim.[1]
Why this matters for 2026
This was the first "test case." Now, in 2026, the precedent is set. Resorts know they are exposed if they violate safety regulations, which changes how they approach settlement negotiations for lift accidents and equipment failures.
Inherent Risk vs. Statutory Violation
This does not mean you can sue for anything. Colorado law still heavily protects resorts from the "inherent dangers of skiing."[2] To have a case in 2026, you must distinguish between bad luck and a statutory violation.
Likely Still Barred (Waiver Valid)
- Hitting a tree or rock
- Colliding with another skier (suing the skier is different)
- Falling on icy patches
- Changing weather conditions
Potentially Actionable (Waiver Void)
- Lift operator error (failure to stop)
- Machinery malfunction (negligence per se)
- Failure to mark man-made obstacles (if mandated)
- Violations of specific tramway regulations
What to do if you are injured in 2026
If you are hurt on the mountain, the resort's risk management team will likely still wave the waiver in your face. Do not accept that as the final word.
Your goal is to find evidence of a statutory violation. Did the operator break a specific rule? Was the equipment non-compliant? Secure witness statements and accident reports immediately. If you can pin the injury to a broken law rather than just "carelessness," you have a path through the waiver.
For severe injuries, check the settlement calculator to understand the potential damages, keeping in mind that ski resorts also have their own specific liability caps (currently $1 million total) separate from the general PI caps.