Collisions in the Courtroom: The Legal Landscape of Interpersonal Skiing Accidents in Colorado Since 1979

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Scenic Winter Landscape” Free to Use by Josh Hild on Pexels. https://www.pexels.com/photo/high-angle-shot-of-a-beautiful-town-with-wooden-buildings-and-bright-lights-on-the-streets-surrounded-by-scenic-winter-landscape-3229916/

Introduction:

From the start of the ski industry’s popularization, the activity has presented considerable economic benefits to both the facilitators of the sport and the state entities where resorts are housed, as explored in Annie Coleman’s Monograph, Ski Style: Sport and Culture in the Rockies. However, while the monetary value of skiing has increased exponentially each year, the interactions between its industry, individual skiers and the establishment of new laws has been stagnant, resulting in a wild and unmanaged, litigious landscape where lawsuits can be pursued easily. An incredible example of this issue is seen in the state of Colorado, whose chief law governing liability and collisions, the Colorado Ski Safety Act, Donaldson Law argues in their article, “COLORADO’S SKI SAFETY ACT,” holds few and vague rules for skiers and inter-personal collisions, contributing to the ill-defined notions of individual liability and the ease with which lawsuits are submitted. The reason for the vagueness and scarcity of laws concerning individual skier liability is to ultimately support the finances and interests of the industry. This project seeks to examine instances of this trend overtime in capacities of both passed legislation and court action, documenting the contrast between individual and resort liability, and examine the influencing economic factors behind such trends.

Leo in Snow. Photograph by Leo Portnoy, given permission to be used by Leo Portnoy.

Podcast:

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Bibliography:

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Coleman, Annie Gilbert. Ski Style: Sport and Culture in the Rockies. Lawrence, Kansas: University

Press of Kansas, 2004. Accessed May 7, 2021. http://www.jstor.org/stable/j.ctt1dgn5pw. 152, 157, 170.

Crook, C. Connor. “Validity and Enforceability of Liability Waivers on Ski Lift Tickets.”  Campbell Law Review 28, no. 1 (Fall, 2005): 107-121. Buies Creek: Campbell University, 2005. Accessed May 7, 2021. https://scholarship.law.campbell.edu/clr/vol28/iss1/3/.

Denning, Andrew. “From Sublime Landscapes to “White Gold”: How Skiing Transformed the Alps after 1930.” Environmental History 19, no. 1 (2014): 78-108. Accessed May 7, 2021. http://www.jstor.org/stable/24690524. 78.

Donaldson Law. “COLORADO’S SKI SAFETY ACT.” Donaldson Law, LLC. Accessed May 7, 2021. https://donaldsonlaw.com/recreational-accident-attorney-denver/winter-sports-injuries/ski-safety-act/#:~:text=Colorado’s%20Ski%20Safety%20Act%20recognizes,(2015).

Glendenning, Lauren. “Civil Lawsuits an Inherent Part of Skiing?” VailDaily, January 14, 2010. Accessed April 26, 2021. https://www.vaildaily.com/news/civil-lawsuits-an-inherent-part-of-skiing/.

Kuhne, Cecil C. The Little Book of Skiing Law. Chicago, Illinois: American Bar Association, 2013.

Okello, Moses M. and Marina Novelli. “Tourism in the East African Community [EAC]: Challenges, Opportunities, and Ways Forward.” Tourism and Hospitality Research 14, no. 1/2 (2014): 53-66. Accessed May 7, 2021. http://www.jstor.org/stable/43575083. 59.

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Peterson, Nate. “Colorado Skier Safety Bill Fails to Make It Out of Committee Vote.” VailDaily, April 15, 2021. Accessed May 7, 2021. https://www.vaildaily.com/news/eagle-valley/colorado-skier-safety-bill-fails-to-make-it-out-of-committee-vote/#:~:text=Ski%20patrollers%20tend%20to%20an,11%2C%202020.&text=A%20bill%20that%20would%20require,after%20hours%20of%20emotional%20testimony.

Rothman, Hal K. “Selling the Meaning of Place: Entrepreneurship, Tourism, and Community Transformation in the Twentieth-Century American West.” Pacific Historical Review 65, no. 4 (1996): 525-57. Accessed April 26, 2021. doi:10.2307/3640295. 546.

Warkentin, Zachary. “Man vs. Mountain.” Sports and Entertainment Law Journal 5 (Fall 2008): 1-9. Accessed May 7, 2021. https://www.law.du.edu/documents/sports-and-entertainment-law-journal/issues/05/05-SkiArticleZW.pdf.

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