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Redden v. Clear Creek Skiing Corporation.

2020 COA 176. No. 19CA0512. Personal Injury—Negligence—Negligence Per Se—Colorado Passenger Tramway Safety Act—Ski Safety Act of 1979—Exculpatory Agreement—Waiver—Public Policy.

December 31, 2020

Redden was hurt as she attempted to exit the Ptarmigan ski lift, located in the Loveland Ski Area. Clear Creek Skiing Corp. (Clear Creek) has operational responsibility for both the ski lift and the ski area.

Redden sued Clear Creek, asserting claims for negligence and negligence per se under, as pertinent here, the Colorado Passenger Tramway Safety Act (the PTSA) and the Ski Safety Act of 1979 (the SSA). Clear Creek moved for summary judgment based on two exculpatory agreements, one that Redden signed nearly a year before the incident when she purchased a pair of ski boots and had her ski bindings adjusted at Clear Creek’s ski shop (signed waiver), and a second unsigned agreement consisting of a series of disclaimers listed on the back of her lift ticket (ticket waiver). The district court granted summary judgment for Clear Creek.

On appeal, Redden contended that the district court erred by entering summary judgment for Clear Creek. Here, the signed waiver and the ticket waiver unambiguously encompass all risks associated with Redden’s use of ski lifts. Thus, they are enforceable. Further, the waivers are not contrary to public policy as expressed in the PTSA and SSA.

The judgment was affirmed.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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