CRESTED BUTTE, Colo. — A jury has awarded $12.4 million to Annie Miller, a woman paralyzed after falling from a chairlift at Crested Butte Mountain Resort in March 2022. This ruling represents a significant shift in the legal landscape concerning ski resorts, which have historically relied on liability waivers to shield themselves from lawsuits.
Miller, then 16 years old and on a ski trip with her church group from Oklahoma, fell approximately 30 feet when she slipped from the Paradise Express lift. Her family contended that the lift operators were negligent, alleging that they failed to stop the lift when Miller did not load correctly. Despite her father’s attempt to catch her, she suffered a severe spinal injury, fracturing her C-7 vertebra, which resulted in her paralysis.
Vail Resorts, the owner of the ski area, argued that under the Colorado Ski Safety Act and the liability waiver signed by the Miller family at the time of their lift purchase, they should not be held responsible for negligence. Previously, courts had largely favored resorts in such cases, routinely upholding these waivers.
Initially, in April 2023, a Broomfield County district judge dismissed several of the Miller family’s claims, referencing the liability waiver. However, the family appealed, and by May 2024, the Colorado Supreme Court ruled that such waivers do not provide blanket immunity against all negligence claims, ultimately sending the case back for further consideration.
The recent jury verdict marks a groundbreaking moment, as the six-member panel deliberated for nine days before determining that the resort violated safety standards set by the American National Standards Institute (ANSI). Although the jury did not find gross negligence, it confirmed that the lift attendants failed to uphold safety regulations, leading to Miller’s injury.
After deliberating for one day, the jury awarded Miller $5.275 million for noneconomic damages, another $5.275 million for physical impairment, and $10.55 million for future economic losses. However, Colorado law limits noneconomic damages to $690,000, which adjusted the total award to $12.4 million.
Attorney Brian Aleinikoff, representing the Miller family, highlighted that this verdict could be the first successful claim against a ski resort based on negligence per se related to ANSI standards. He emphasized the crucial role of lift attendants in ensuring the safety of skiers, arguing that such positions require diligent oversight and training.
Vail Resorts, represented by major law firms, expressed disagreement with the jury’s findings in an emailed statement. They acknowledged the personal impact of the accident on Miller and her family but maintained their commitment to safety.
Amidst growing concern over the implications of this ruling, representatives from the ski resort industry worry about potential increases in insurance rates and the impact on their operational costs. Some argue that large verdicts may deter recreational businesses from accommodating younger visitors who engage in high-risk activities.
As chairlift safety continues to be a pressing issue, industry experts point to a need for enhanced training and stringent compliance with safety regulations. The Colorado Trial Lawyers Association has warned that the rising number of chairlift incidents, including fatalities, could be indicative of broader safety concerns and inadequacies in operational oversight.
Despite the potential consequences of this ruling, Aleinikoff argued that adhering to safety protocols should not be viewed as burdensome for resort operators. He believes this decision could pave the way for improved standards, reinforcing the notion that accountability is essential in ensuring the safety of all skiing participants.
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