Every ski season in Vermont, thousands of skiers and snowboarders click “I agree” when purchasing lift tickets or season passes. These waivers are a standard part of the ski industry, and resort owners rely on them heavily to limit liability after accidents. But despite what many people believe, waivers and season pass agreements do not give ski resorts blanket immunity from lawsuits.
At The Brown Law Firm, we help injured skiers understand when a waiver may apply and when a resort can still be held legally responsible.
Why Ski Resorts Use Waivers and Season Pass Agreements
Waivers are designed to inform skiers of the inherent risks of skiing, such as:
- Variable snow and weather conditions
- Natural terrain features
- Collisions with other skiers
- Loss of control at high speeds
By signing a waiver or purchasing a season pass, skiers generally acknowledge that these risks are part of the sport and agree not to hold the resort responsible for injuries caused by them. From a resort owner’s perspective, waivers are a necessary risk-management tool. However, they are not absolute shields against liability.
What Ski Waivers Typically Do Cover
In Vermont, courts often uphold waivers when injuries result from risks that are:
- Inherent to skiing
- Open and obvious
- Reasonably expected by participants
For example, a waiver may protect a resort if a skier is injured after losing control on an icy slope or catching an edge on uneven terrain.
In these cases, the law generally recognizes that skiing is a voluntary activity with known dangers.
What Ski Waivers Do Not Cover
Even the strongest waiver cannot excuse a ski resort from negligence. Waivers typically do not protect resorts from liability when injuries are caused by:
- Poorly maintained or unreasonably dangerous conditions
- Defective chairlifts or mechanical failures
- Improperly padded or unmarked man-made hazards
- Failure to follow industry safety standards
- Inadequate warnings or signage
For example, collisions with unpadded snowmaking equipment, lift towers, or other fixed objects near active trails may fall outside the scope of assumed risk, especially if the hazard was foreseeable and preventable.
Season Passes vs. Day Tickets: Does It Matter?
Season pass agreements often include longer, more detailed waiver language than single-day lift tickets. While resorts may argue that season pass holders knowingly accepted broader risks, courts still examine the reasonableness of the resort’s conduct.
Key factors include:
- How clearly the waiver language was presented
- Whether the hazard was hidden or unexpected
- Whether the resort had prior knowledge of similar accidents
- Whether safety measures were available but not used
A season pass does not mean a skier signed away all legal rights.
Vermont Ski Law and Resort Responsibility
Vermont law recognizes that skiing involves inherent risks, but it also places responsibilities on ski area operators. Resorts must still act reasonably to protect guests from unnecessary danger.
This includes:
- Proper trail maintenance
- Safe placement and padding of equipment
- Adequate training of staff
- Prompt response to dangerous conditions
When resorts fail to meet these obligations, injured skiers may still have valid personal injury claims even after signing a waiver.
When Waivers Are Challenged in Ski Accident Lawsuits
In serious ski accident cases, waivers are often just one piece of the legal analysis. Courts may scrutinize whether:
- The waiver language was overly broad or unclear
- The injury resulted from negligence rather than assumed risk
- The resort attempted to waive responsibility for conduct it legally cannot
Catastrophic injuries, including traumatic brain injuries or spinal damage, often lead to litigation because the stakes are high and the facts matter.
What Injured Skiers Should Do After an Accident
If you’re injured at a Vermont ski resort, it’s important to remember that signing a waiver does not automatically end your claim. You should:
- Seek immediate medical care
- Document the accident scene and hazard
- Keep copies of lift tickets, passes, and agreements
- Avoid giving recorded statements without legal advice
How The Brown Law Firm Can Help
At The Brown Law Firm, we understand the fine line between assumed risk and resort negligence. Our Vermont ski accident attorneys carefully evaluate waiver language, resort practices, and accident circumstances to determine whether a claim may still exist.
If you or a loved one has been seriously injured on the slopes, we can help you understand your rights and pursue accountability when safety standards fall short.
