Injured On A Ski Trip? 3 Liability Waiver Loopholes You Should Know About

The day you were injured at a ski resort probably began with you signing a liability waiver. The waiver undoubtedly outlined the potential dangers associated with skiing, and clearly stated that, should you be injured as a result of one of these dangers, the ski resort holds no responsibility for the damages you might sustain. How solid is this waiver? Can you really not even try to recoup your medical costs? 

Under certain circumstances, you absolutely can sue the ski resort for your damages. Read on to learn about 3 liability waiver loopholes that can void the ski resort's ability to shun responsibility for your injury.

1.  You Are A Minor

A liability waiver is considered a contractual agreement. In the waiver you signed, the ski resort was pretty much saying "hey, we agree to let you ski on our slopes if you promise not to sue us if you get hurt". As a minor, though, you cannot be held responsible to the terms of a contract. The legal system in America doesn't believe that minors are capable of thoroughly weighing the benefits vs. the consequences of a contract. If you're under the age of 18 and it was you who physically signed the liability waiver, the waiver is completely null and void.

But what if your parent or legal guardian signed it? Don't you forfeit your right to sue if your adult custodian's name is on the waiver? Nope, you don't. While many businesses use this tactic to make customers think they cannot sue for damages, another person simply cannot sign away your rights. In order for the liability waiver to be valid, you have to sign it and you have to be at least 18 years old. 

2.  The Ski Resort Acted With Gross Negligence

Ordinary negligence happens when a business (or individual) doesn't keep up on the maintenance of their property as well as they should. For example, if a puddle of water built up on the floor of a ski lodge and wasn't noticed until you slipped on it, this is a case of ordinary negligence. In most cases, the liability waiver you signed will protect the ski resort from you suing them for ordinary negligence.

Gross negligence, however, is a completely different story and under no circumstances can any contractual agreement permit a business to act in gross negligence without being held financially responsible for it.

If the employees at the ski lodge were informed that there was a puddle on the floor and didn't clean it up, or if the lodge was understaffed despite the establishment having a history of heavy traffic, this is a case of gross negligence and you can sue for damages no matter what you signed.

3.  The Waiver Did Not Coincide With State Regulations

Each year, millions of people flock to the snow-covered slopes of ski resorts across the country in search of safe, fun adventures. In catering to these masses, ski resorts must abide by strict federal and state safety regulations. 

Any liability issues you encountered while at a ski resort must be outside the scope of these regulations. In other words, there are certain safety rules the ski resort must abide by, and the waiver you signed is irrelevant to these rules. 

Imagine the state you were injured at requires ski resorts to perform lift maintenance checks two times a day. Now, imagine it's a small resort and they can't afford the staffing to do so. Even if the ski resort informs you in the waiver they are only performing maintenance checks once a day, it doesn't matter. They're supposed to check the lifts twice a day so if they're only doing it once, they're breaking the law and nothing you sign can protect them from that. 

While you may have signed a liability waiver before being injured on a ski trip, this doesn't necessarily mean you cannot sue for damages. Contact a personal injury lawyer to learn more about liability waiver loopholes and to find out whether or not you have a case against the ski resort.

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