Torts Keyed to Epstein
Dalury v. S-K-I, Ltd
Facts
Plaintiff purchased a season pass at Defendant ski resort. In purchasing the pass, Plaintiff signed a form releasing Defendant from liability. He also signed a photo identification card with the same language. The release stated that Plaintiff acknowledged the inherent risk in skiing and that Defendant was not responsible for personal injury or property damage resulting from negligence, the premises conditions, resort operations, or actions or omissions of resort employees. While skiing, Plaintiff collided with a metal pole used to establish the direction of a ski lift line and was badly injured. Plaintiff sued and the trial judge dismissed the suit based upon the language of the waiver form. Plaintiff appealed, arguing that the waiver violated public policy and was, therefore, unenforceable.
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