SALT LAKE CITY (AP) — Skiers assume the potential for injury when they try to navigate a steep
SALT LAKE CITY (AP) — Skiers assume the potential for injury when they try to navigate a steep mountainside, but not all risks are inherent, the Utah Supreme Court ruled Tuesday, clearing the way for a lawsuit against a resort.
William Rothstein suffered severe internal injuries when he skied into a wall at Snowbird in February 2003. He sued and claimed the resort was negligent.
A lower court had said Snowbird Corp. was protected from a lawsuit because of two waivers signed by Rothstein when he obtained a season pas s a t the popular resort near Salt Lake City. The high court overturned that ruling and said the releases go against a state law that is designed to keep insurance rates affordable for resorts but not shield them from all liability.
The releases signed by Rothstein “are contrary to the public policy of this state and are, therefore, unenforceable,” the 3-2 decision said.
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