Inherent Risk Doctrine
Understanding liability waivers and their limitations.
What is Inherent Risk?
The inherent risk doctrine holds that skiers assume certain risks that are fundamental and unavoidable in skiing. Most states have Ski Area Safety Acts that codify this principle.
When you buy a lift ticket, you generally agree to accept these inherent risks. However, this does NOT mean resorts have no liability.
Inherent Risks You Accept:
Exceptions - When Waivers Don't Apply:
Gross Negligence
Waivers cannot protect resorts from gross negligence - extreme departures from reasonable care.
Willful Misconduct
Intentional wrongful acts or reckless disregard for safety are not covered by waivers.
Ski Lift Operations
Many states hold that ski lifts are common carriers, subject to higher safety standards that cannot be waived.
Equipment Defects
Product liability for defective rental equipment generally cannot be waived in advance.
Statutory Duties
Duties imposed by Ski Safety Acts (like marking hazards) may not be waivable.