Like many states, Idaho statutes limit the liability of ski resorts for injuries sustained by skiing customers. Idaho statute 6-1106 begins with the following disclaimer:
It is recognized that skiing as a recreational sport is hazardous to skiers, regardless of all feasible safety measures which can be taken. Each skier expressly assumes the risk of and legal responsibility for any injury to person or property which results from participation in the sport of skiing including any injury caused by the following, all whether above or below snow surface: variations in terrain; surface or subsurface snow or ice conditions; bare spots, rocks, trees, other forms of forest growth or debris, lift towers and components thereof; utility poles, and snowmaking and snowgrooming equipment which is plainly visible or plainly marked in accordance with the provisions of section 6-1103, Idaho Code.
This statute was put to the test in a 1991 case filed in Federal District Court, and reported as Collins vs. Schweitzer, Inc. These were the facts of the case:
On January 31, 1988, Plaintiff Michael C. Collins was skiing at Schweitzer Mountain Resort operated by Schweitzer in Bonner County, Idaho. After payment of an admission fee, Collins entered into a NASTAR ski race conducted by Schweitzer. After crossing the finish line of the race, Collins fell head first and slid down the hill, through a mesh fence surrounding a lift tower, and struck the lift tower with the back of his neck crushing certain vertebrae, which rendered him a quadriplegic.
Collins brought suit against Schweitzer for negligence in the setting of the race course, asserting that the ski area set the finish line too close to the lift tower and that they failed to adequately protect the tower with fencing and padding. The lift tower was approximately 123 feet (41 yards) down the slope from the finish line, with the fall line going away from the tower, and approximately 48 feet (16 yards) to the left (looking up the hill) from the finish line.
The judge in the Collins case ruled that Collins’ injury claim was barred by the Idaho ski liability statute. His opinion states:
Despite the terrible tragedy suffered by Mr. Collins and his family, they are barred from recovering by operation of the Idaho skier statute. Under the Act, anything done in an attempt to eliminate or lessen the inherent risks of skiing cannot serve as the basis for a claim of negligence. In addition, hitting a lift tower is an inherent risk of skiing which the statute states all skiers expressly assume and for which they are barred from recovering…… Under the Idaho skier statute, no standard of care can be imposed upon a ski area operator with respect to any action it takes in an attempt to eliminate, alter, control or lessen the inherent risks of skiing.
Bottom line – Ski resorts can only be held liable for injuries in very narrow fact situations. For the most part, skiers who use these facilities must assume the risk of injury, even terribly crippling injuries such as quadriplegia.